Where a word is capable of having a number of different meanings, the drafter must ensure that the word chosen will carry the same meaning for each reader. Another problem faced by drafters is the challenge to find and use words which are not vague. Some words have clear meanings: numbers, days of the week, periods of time are all capable of precise expression. Some words become vague in accordance with their usage. Some words are designedly imprecise and permit of a subjective interpretation by a third party such as a judge. Examples of these words are: "satisfactory", "necessary", "fair", "reasonable" and "viable". It is also salutary to point out that words take on the character of those in whose company they are to be found. This point was succinctly expressed by Holmes J. in a much quoted passage from Town v Eisner25 where he said:

"A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in colour and content according to the circumstances in which it is used."26

Language itself is not a very precise medium. Words have no "proper" or "absolute meaning". In Carter v Bradbeer,27 in a somewhat fatalistic tone, Lord Diplock said that:

"Words mean whatever they are said to mean by a majority of the appellate committee dealing with the case, even though a minority might think otherwise."

A similar lesson was taught by Humpty Dumpty to Alice in Through the Looking Glass:28

"'When I use a word,' Humpty Dumpty said, in a rather scornful tone, 'it just means what I choose it to mean- neither more nor less.' 'The question is', said Alice, 'whether you can make words mean so many different things.'"

Simplicity - Apparent or Real?
The simplicity of a document is mainly an aesthetic feature. The question as to whether a document is useful is an entirely different issue. In the context of the Land Obligations Bill 1968, Lord Wilberforce wrote to the Law Commission to express his views on the Bill. He was concerned by a number of aspects of the Bill, but in particular he stated:


25.

245 U.S. 418.

26.

ibid., at 425

27.

[1975] 1 W.L.R. 1204, 1203.

28.

Lewis Carroll, Through the Looking Glass Chapter 6.

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