Comments on: The Meaning of “Draft”

By: Mark Anderson

Mark Anderson — Thu, 28 May 2009 07:09:59 +0000

English lawyers still use the term “engrossment” for the final version of an agreement that is signed.

A horrible word that is creeping in is “craft” – I see conference titles on “crafting agreements”.

I agree with Jack’s comments about nouns being turned back into verbs. Another examples is that parties are obligated to do things rather than being obliged to do so.

By: Jack

Jack — Wed, 27 May 2009 23:44:17 +0000

You can also find “draw” and “draught” used in novels set in the 18th and 19th century, including Patrick O’Brian’s novels about the Brtish Navy. A clerk would prepare a draught copy of a letter or document, correct it, and then copy the result slowly and carefully to create the “fair copy”, which would be signed.

Mark’s account is further proof of the confusion that can result when a noun is pressed into service as a verb. Estate planners advise clients to gift property when they mean give. Banks loan money that they used to lend. And lawyers now draft contracts and brief the court.

By: Ken Adams

Ken Adams — Wed, 27 May 2009 20:43:29 +0000

Mark: Great comment! Ken

By: Mark Anderson

Mark Anderson — Wed, 27 May 2009 15:59:29 +0000

Draft is an alternative to draw, and is a modern spelling of “draught”. In a leading nineteenth century English case on the interpretation of an intellectual property agreement, a very senior judge, Jessel MR, commented that some of the agreement’s provisions were “not as well drawn as [they] might be” (Werderman v Société Générale d’Electricité (1881) 19 Ch D 247 (CA)). This sounds strange to modern ears, but if drawn were replaced with drafted, the strangeness is removed.

One sometimes hears the expression “drawing up” a contract or will. Cheques (checks) are drawn on a particular bank.

I think there is a long-standing usage of the terms draw or draft/draught to mean compose or write, and not just draw in the sense of pictures or diagrams.

By: Cyberlaw Central » Blawg Review #213

Cyberlaw Central » Blawg Review #213 — Mon, 25 May 2009 08:41:34 +0000

[...] – Ken Adams of Adams Drafting has produced yet another great article, this one about “The Meaning of [...]

By: Ken Adams

Ken Adams — Fri, 22 May 2009 15:30:21 +0000

Jim: I don’t think so … Ken

By: Jim Brashear

Jim Brashear — Fri, 22 May 2009 15:27:11 +0000

Perhaps we also use the word “drafting” and “draft” because contracts, laws and even blueprints are created with the expectation that they may be substantially amended – even after the so-called “final draft.” They are living documents. In contrast, books, e-mails, letters, tweets and blog posts are generally created with no intention that they will be significantly re-written.