Positives

Clarity in drafting is best obtained through simplicity. Therefore, it is better to use positive phraseology in drafting as negative phraseology may lead to unnecessary complication. Consider the following:

Drafter’s Tip

“The buyer did not fail to pay the purchase price of the goods nor was payment not made in accordance with the contract terms.”

The use of negatives in the sentence may make it sound more complicated than it is and more difficult to understand. If we were to rephrase the sentence in a positive way, clarity and simplicity would be achieved.

“The buyer paid the purchase price for the goods in accordance with the contract terms.”