The Drafting of Contracts in South Africa

Abstract

The drafting of contracts is mostly viewed as a practical process. Both contractual practices and theoretical sources imply that contract drafting entails no more than the mastering of language. Drafting practices have diluted the understanding of why drafters do what they do in contracts. These practices include the use of precedents in a one-size-fits-all approach and the cutting, copying and pasting of clauses when using so-called standard provisions.