WORDS AND EXPRESSIONS

Word and expressions to avoid

Drafters have a special obligation to avoid archaic words.
i. Above; below
These words should not be used as terms of legislative reference, because
they are imprecise, and vagaries of pagination may cause them to appear
distinctively odd.
ii. Aforesaid; abovementioned; aforementioned;
beforementioned
The group of words is objectionable for two reasons:
 they represent an unnecessary resort to lawyers’ jargon
 they are imprecise and inefficient as reference word.
The justification sometimes put forward for these words is that the avoid
ambiguity which arise from the use of pronouns.
NB: drafter must consider whether the word is necessary. If it is it should be
specific.

iii. Following; foregoing; preceding; succeeding

These are also imprecise words of legislative reference and a more specific
reference should be preferred. The word ‘foregoing’ is pretentious and
pompous word better avoided altogether. The words ‘preceding’ and
‘succeeding’ are words to use with care. Used without qualification they
maybe too imprecise, but when suitably modified by words such as
immediately or next they can be useful.

iv. Hereby; thereby

The use in legislation of the word hereby is traditional. For example:
 Section 6 is hereby repealed
 Section 6 is hereby amended by deleting ‘parsnips’
In all these cases the word is unnecessary. It adds nothing and is fusty.

v. Herein; hereinafter; hereinbefore; hereto; herewith; hitherto;

heretofore
In legislative ‘herein may refer to the sentence, subsection, the section, the
Part, or the whole statute. The vagueness may not be always dispelled by
the context and specific reference is preferable.

vi. It shall be the duty of

Used in provisions which expressly oblige a specified person or authority to
perform some act. It is simpler to use the word ‘must’. Legislation dos not
need to repeat that its text is compulsory; irrespective of the use of
imperative form, legalisation is inherently compulsory, and the use of
present tense imposes an obligation in a clear, simple and adequately
forceful manner.
NB: the same applies for ‘it shall be lawful for’ or ‘it shall not be lawful for’

vii. It is hereby declared that

This is used as an introduction to give special emphasis to a significant
pronouncement, but it is pretentious and indirect.

viii. The provision of

These words are every often used in legislation when they are superfluous.
They are unnecessary.

ix. Provided that; provided

The lawyers’ proviso beginning ‘provided that’ should never be used.
‘Provided is a legitimate conjunction meaning ‘if’. The word ‘provided’ when
properly used in a conjunctive senase is liable to be confused with a
lawyer’s proviso and so is better avoided.
 x. Whatsoever; wheresoever; whosoever; whomsoever
‘Whatsoever’ is frequently unnecessary and used by way of emphasis. To
remove a doubt which does not exist. The affix ‘so’ can be removed. Where
is frequently preferred to wherever etc.

Words and Expressions to use carefully.

i. And; or; nor; and/or
The terms ‘and’ and ‘or’ are beguilingly simple; one is looked at as the
anthesis of the other. ‘And’ is classified as conjunctive in character while
‘or’ is classified as disjunctive.

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