Contract Drafting for Beginners

OK, so we all know how difficult it is to draft a good contract, don't we? Sometimes, absence of specialist help can prevent us from getting started, leaving us completely unprotected.

Well, dear reader, take heart. This weekend, my children successfully negotiated a deal that will earn them pocket money in exchange for some light domestic duties.When we'd struck our deal, my son said 'OK Mum, now we need to write the contract.'

Strange, I know, but that's what comes of having a mum who does what I do!

So how can the noble art of contract drafting be distilled to a level where a nine year old and a five year old can understand it? Simple, really (well, it would have to be, wouldn't it?!).

First, I explained the three critical questions that must be answered before you start:

1. who does what, when?
2. when do we get paid (and how much)?
3. what happens when things go wrong?

Then they set about answering these questions, one at a time. Under the first point they listed their respective tasks. Under the second, they set out how their pocket money was calculated, and what things could increase or decrease the amount paid to them. In the third, I asked what might go wrong with their tasks?

Albert, nine, is responsible for clearing the table after meals and loading the dishes in the dishwasher. 'What if the dishwasher's already full?' he asked.

'What do you think should happen?' I replied.

'I could stack the dishes on the side, or in the sink?' So, we added a provision saying exactly that. Evie, five, asked what happened when they had school lunches - did she have to set the table for all 100 school children? So we clarified that they only had to do their meal-time duties at home, although we thought it was a good idea if they offered to help when eating at a friend's house.

So there you go. Contract drafting for beginners. Answer the three questions above, and you'll be covering your most important bases. If you get stuck, ask your kids for some help - you'll find they're great at asking direct and probing questions that will enable you to get to the nub of things. And, if nothing else, it will give you a great basis for briefing your lawyer!