Draft Personal Will

Short Title & Long Title

Substantive Provision

Judicial Interpretation

Literal Interpretation

Purposive Approach

Mischief Rule

Judicial Construction

Strict Observance of Literal Rule Will Lead To Absurdity (Application of

Alternative & Multiple Methods of Construction)

Consideration of Contextualization of Parliament (At Time of Legislation)

“WORDS DIE”

Draft Documents For Power of Attorney!

Property Within Jurisdiction) ()Party Not Within Jurisdiction () Acting Party Within
Jurisdiction

Re-Draft Contract Clause (Objective Eliminate Ambiguity)

Construction of Contract Clause Contra Proferentum

The Ambiguity is Rather Patent on the Surface

The Architect
 Zia Shucks engaged Common Man Designs, an architectural firm,

to

design an environmentally-sound home for her in Porgy Swamp.

The contract which Common Man gave Zia for execution contains

the

following clause –

“Disputes under this contract shall be resolved by a

panel

appointed by the architect consisting of three neutral

persons,

two attorneys certified in construction law and one

attorney

certified in environmental law.”

The clause is ambiguous.

(a) Identify and explain the nature of the ambiguity.

(b) Redraft the clause to eliminate any ambiguity.

This is a Standard Form Contract Limited (if Not Absolutely No Input of

Client) Issues Raise Balance of Power (Validity of Contractual Clause) In
Terms of the Courts Construction, Upholding & Adhering To Parties
Terms & Conditions.

Consumer Protection Act

The Term “Disputes” is rather definitive, yet still needs further explanation.
Nature of the Disputes to be Determined by such a Panel (Limiting the
Parties Rights to Bring an Action in Court)

The Term “Shall” needs to be more Determinative

The Term “Resolved” Needs to be more Conclusive and Final

Further Expression needs to be illustrated to Clarify That No Extraneous

Legal Action Outside of the Panel, namely Court Proceedings, External
Arbitration, etc.

Needs a Trigger Effect, which will Give Rise to the Constitution of the
Panel

Good Demonstration of Bargaining At Arm’s Length & Mutual Input,

would be a List contained within the Contract of Persons Identified by
both Parties as Appropriate.

Definition Need to be Specified to establish the basis of the Characteristics of

a Neutral Person.

Method of Ensuring & Challenging the Neutrality of the Panel

Established.

Specifications as to the Qualifications need to be provided along the Lines of

Level of Openness and Accessibility as it Relates to Eligibility:

1. Level of Accreditation of Institution Awarding Certification

2. Location of Acquisition of Legal Training (Methodology of Training

(Articling vs. Law School)

3. Location of Acquisition of Bar Certification

4. Location of Acquisition of Certification

No Specification as To Level and Duration of Experience in Practicing

Generally and More Importantly Within Particular Areas of Certification. (This
would be deemed rather important considering Nature of Contract)
Disputes Arising From or Regarding This contract shall (will) be resolved

(determined) by a Panel.

The Panel will be constituted by Three Members.

The Members of the Panel will be Selected by the Head Architect Maintaining

Managing Control Over Daily Operations on Behalf of Common Man Designs.

(Specifically & Permanently Established Position within the Common

Man Designs Firm)

(Words Descriptive of the Nature of the Architect – Intentionally As

Opposed to Specified Name of Particular Individual Architect

(Subject to Evolution of Time (Resignation, Termination, etc.)

The Members empanelled will be impartial persons

Qualifications for eligibility to be selected as a member of the Panel are as

follows.

All of the Members of the Panel Must Have Maintained an LLB in Law

(Bachelors in Law Degree) from a College or University Administering British

Based Law and Passed their Local Bar Certification for Practice Within the

Bahamian Jurisdiction. Intentionally Eliminating Individuals without

such Specified Credentials

Two Members of the Panel Must Have At Least A Certification in Construction

Law

(Need for Specification of Level of Certification)

One Member of the Panel Must Have At Least A Certification in

Environmental Law (Need for Specification of Level of Certification)