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DRAFTING OF AN AGREEMENT DEED A ROUGH DRAFT SUBMITTED FOR THE PARTIAL FULFILMEN

DRAFTING OF AN AGREEMENT DEED A ROUGH DRAFT SUBMITTED FOR THE PARTIAL FULFILMENT OF THE COURSE DRAFTING, PLEADING AND COVENYANCING FOR THE DEGREE OF B.A., LL. B. PROJECT BY: NAME: PRITI GUIDE COURSE: B.A., LL. B. (Hons.) ROLL NO: 1953 SEMESTER: 8th SUBMITTED TO: Dr. B. R. N. SARMA ASSISSTANT PROFESSOR of LAW CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR, PATNA – 800001 February, 2022 INTRODUCTION The understanding of the implications of an agreement is critical for any business operations. There are various features and parameters in an agreement which makes it a viable and tenable document to avoid lengthy and cumbersome court battles later in the event of breach. An agreement can be verbal or in written form. The objectives of drafting an agreement deed are: to precisely reflect the “meeting of minds” in a way that is understood in the same meaning as it was intended to be communicated by all readers, to create legally enforceable rights and obligations and to act as a roadmap for business and relationships. The main feature is to represent all the relevant statements and issues. In the field of litigation, an advocate must have proper skills and patience for drafting. The main aim of drafting is to give accuracy and true statements. The basic purpose of drafting is to provide ideas and proper information. Its main aim is to provide clear and concise data which can be easily understood by the clients and can satisfy the wants of them. An advocate must not forget that there is always a motive or objective behind every text. An ‘agreement’ can be defined as aspect that arises when an offer made by one party is accepted by the other. According to the Law, an agreement is defined as a ‘meeting of minds’ with the understanding and acceptance of reciprocal legal rights and duties as to particular actions or obligations, which the parties intend to exchange. Agreements are of different kinds such as; binding agreements – The term binding agreement denotes an agreement that is legally binding and cannot be broken or violated by either party. Breaking a binding agreement is prosecutable in a court of law. AIMS AND OBJECTIVES: The researcher’s prime aim is to study the various intricacies and issues that should be kept in mind while drafting an agreement deed. RESEARCH METHODOLOGY The researcher will be relying on Doctrinal method of research to complete the project. HYPOTHESIS The researcher tends to hypothesis that extrinsic evidence as to the intention of the parties may not be introduced to vary or contradict the terms of an integrated agreement deed. RESEARCH QUESTION 1. What does the drafter hope to achieve? 2. What is the subject matter and nature of agreement deed? 3. What are the issues and concerns of the parties to the agreement deed? SOURCES OF DATA The researcher will be relying on both primary and secondary sources to complete the project. 1. Primary Sources: Acts 2. Secondary Sources: Books, newspapers, journals, cases and websites. LIMITATION There is a time limitation for the researcher to finish the research. The researcher is limited to his own self for the research. TENTATIVE CHAPTERIZATION 1. INTRODUCTION 2. PRINCIPLE GOVERNING CREATION OF A VALID AGREEMENT 3. CONTENTS OF AGREEMENT DEED 4. MODEL, FORMAT OF AN AGREEMENT DEED 5. CONCLUSION 6. BIBLIOGRAPHY BIBLIOGRAPHY a) Dr. Medha Kolatkar, Drafting, Pleading & Conveyancing (Lexis Nexis, Second edition, 2020) b) Mr. RN Chaturvedi, Pleadings, Drafting & Conveyancing (Central Law Publications, Fifth edition, 2018). c) www.lexisnexis.in d) www.legalservicesindia.com uploads/s1/ dpc-rough-draft-by-priti-guide-1953.pdf