To be a legal contract, the agreement must have the following five characteristics: in another example, you do not refer to both “products” and “TVs” when they are both defined as “schedule 1 televisions.” If a defined term comes from a contract or other (related) document and applies to exactly the same definition, you are referring to that contract or document (“TV sets within the meaning of the distribution agreement”); You should not repeat that definition. Complications caused by the inclusion of an obligation in the definition are difficult to monitor and a right to compensation or payment is problematic: the definition includes a duty of the licensee, the provision of the contract contains a right of the donor to the contribution of the taker; but what happens if the licensee asks the donor to develop his design (for example. B to meet the requirements of the licensee`s technical designs)? Since January 1, 2011, the Australian Consumer Law has been passed at the national level in Australia and, under an agreement reached by the Council of Australian Governments (COAG), this legislation is now part of the fair trade laws of each country (state or territory). [9] The credit card contract lists credit card price information that describes when and how interest and fees are charged on your credit card. You should at least list your credit card contract: the right way to rewrite the above model definition would be to extract the language of indices and descriptor. The word creates ambiguities, as it may relate to a future fact without any other binding intention or involve an obligation (for the licensee to transfer the property or not to claim ownership). Where appropriate, references to development and ownership, the process of handing over to manufacturers (who qualify for their “wish”) should be moved into the text and reformulated in the form of effective, qualified or conditioned obligations or guarantees (excluding mandatory formulations). A defined term should not contain ” (s)”: If defined, a defined term is either singular or plural. In the text of the contract, the singular and the plural can be used interchangeably, whether the definition is singular or plural. Sometimes it may be helpful to define a term when it improves the interpretation of the provision. In this case, the definition should be included in this section.
Example: these definitions, which refer to other definitions, are often omitted. 23) The definition of a person, corporation or entity should be consistent with the information provided to the parties. It is precisely in the case of transactions where there is no question of defining a clear line between notions that might be within or outside the definition that it is often preferable to undefine the term. This also applies to the definition of terms, in accordance with the general principle of wording that contracts must use plain language (not commercial jargon or law). Contractual terms are fundamental to the agreement. If the contractual conditions are not met, it is possible to terminate the contract and claim damages. In India, Leonine contracts are generally considered unscrupulous contracts (although not all Leonine contracts are unacceptable contracts) and can be cancelled. The 199th Law Commission report (2006) on “UNFAIR (PROCEDURAL – SUBSTANTIVE) TERMS IN CONTRACT” addresses this issue.
