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40 views

What does “exclusion of the defence of continuation of the offence” mean?

Could you please explain what this clause (from an employment contract) might mean: For every case of culpable violation of the obligation of confidentiality stipulated in section xx, the ...
0
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2answers
110 views

Is it advisable for a person write his own contract if he is good in english but don't know legal jargon?

A lawyer scared me by saying, yes you can right your own contract but chances are most of your clauses won't hold in court cause you don't know legal jargon. However, I know english and my english is ...
10
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3answers
3k views

How to interpret or parse this confusing 'NOT' and 'AND' legal clause

In the following legal clause: They shall not confer the right to attend any meeting of members and to exercise one vote for every share held. Does the NOT negates both ANDs as in: They shall ...
3
votes
1answer
105 views

What does “in the course of” mean?

I'm trying to decipher the Proprietary Rights section of a contract I've been asked to sign. Does "in the course of providing services" mean "during the same time as providing services" or "for the ...
2
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2answers
75 views

What does “rejection of an arbitration provision mean”?

Chase Bank/JP Morgan Chase recently added a provision to their terms for cardholders about arbitration. So customers are receiving notices about this change, but at the bottom of the notice, it says ...
0
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1answer
46 views

What is meant by exclusive jurisdiction?

For example from lawinsider emphasis mine Forum Selection. Any litigation based hereon or arising out of, under or in connection with this Agreement, may be brought and maintained non-...
2
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2answers
102 views

How does a 'covenant' differ from a [1] 'promise' [2] 'contract'?

I'm discombublated why none of my contract law textbooks define 'covenant' when they use it many times, including Anson's Law of Contract (2016 30 ed) and Contract Law: Text, Cases, and Materials (...
1
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2answers
64 views

Legally enforceable contract?

I told my landlord that I will only be living in the apartment for half a school year because of my early graduation. I told him that my girlfriend would be taking over the other half of the school ...
0
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2answers
86 views

Are there any legal terms to use for charging the client for downtime hours at reduced full-time rate?

Normally, when working as a contractor, the bench time — when the client fails to provide you with the work to do, and no explicit work hours were assigned, either — is not compensated. This could be ...
0
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1answer
131 views

Are 'no contra proferentem' clauses enforceable?

Are 'no contra proferentem' clauses enforceable? It seems the point they exist is to increase fairness and removing them would inherently make contracts less fair. Also, is there another name from ...
0
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2answers
51 views

Automatic Renewal Contract / Contract Law - Licensee Cancels before Expiration Date, but not within 30 day period

Has this turned into contract law - can the licensee cancel the upcoming auto-renewal? Licensee entered into a multi-year software usage contract with Licensor. The software license is a straight ...
0
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1answer
225 views

What does 'duty to devote full time' mean?

In a work contract there is the following term Duty to Devote Full Time The Employee agrees to devote full-time efforts, as an employee of the Employer, to the employment duties and ...
-1
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2answers
272 views

What is the difference between contract, deed and covenant?

What is the difference between a contract, deed and a covenant?
0
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3answers
272 views

Which has precedence, a purchase policy or an invoice's payment terms?

If an online company has a posted policy that says your payment is due on the second of every month, but send you an invoice with terms of net 30 and a due date of the thirtieth, is the invoice date ...
0
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1answer
62 views

Question about NDA Term

I am currently reviewing our company's NDA templates and came across the following term: This Agreement shall remain effective for six (6) months from the Effective Date. All obligations of the ...
3
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3answers
3k views

How long can my girlfriend stay over at my place despite not being on the lease?

I have recently signed a new lease and moved into my new place. The place I have moved in is a unit in an apartment complex. The manager of the complex told me I cannot have guests for more than 14 ...
0
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1answer
103 views

Is “including but not limited to” dangerous?

I am looking for opinions about the phrase, "including but not limited to". Yes, I know that it's commonly used, but is it dangerous to the person signing the contract. For example, consider "You may ...
2
votes
1answer
81 views

Reasonable interpretation of the term “In connection with” with respect to intellectual property

In the phrase: "You agree that any rights you may have in any intellectual property produced, invented or conceived by you in connection with any of our business whether before or after the date of ...
3
votes
2answers
908 views

Is there a difference: “two-sided” vs “bilateral”?

Is there any real difference between "two-sided contracts" and "bilateral contracts"? (And also between "one-sided contracts" and "unilateral contracts"?) After scouring the web, it seems that in ...
1
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2answers
326 views

Is there any point in having Force Majeure in a contract?

Isn't force majeure statutorily implied in every contract whether or not explicitly stated. Further, is there any point in having a definition of force majeure as "including, but not limited to... - ...
2
votes
1answer
305 views

In a contract what is the difference between indemnify and defend?

In a contract what is the difference between indemnify and defend? I often see them used together though I believe there is a subtle difference. If party x is to indemnify party y then x can't sue y. ...
0
votes
1answer
98 views

Indepdendent/Contractor vs Regular Employee

I was about to ask another question but think I should start at the basics. What exactly does it mean to be working as a contractor? Many jobs require you to sign some contract (e.g. non disclosure ...
0
votes
1answer
500 views

Contract Law: What is the difference between 'Choice of Law' and 'Governing Law'?

I have been trying to understand, if there is any difference between Choice of Law and Governing Law clauses, mentioned in contracts? If no, what is the difference and can they both be in the same ...
1
vote
1answer
75 views

Written evidence vs terms of service

Me: from Europe Company A: from United States of America I signed up for a service from company A. A stated in their written e-mails to me that I would get a full refund when the service they ...
1
vote
1answer
941 views

How to reference MSA in work order?

How do companies reference a Master Services Agreement in work orders or statement of work? What language is normally used to do this?
1
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1answer
99 views

Do you get paid more if your notice period ends on bank holiday/weekend in UK?

I consider leaving my current job in UK and wanted to ask about the following situation. I work in UK, my contract is indefinite and my notice period is 3 months. Let say I hand in my resignation ...
0
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1answer
78 views

What is meant by “each and every”?

In a contract, what is meant by "each and every"? Isn't this the same as just "each"?
1
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2answers
3k views

What does payable in advance mean?

I was just reading this sublease agreenment and find it very strange that it doesn't have a section clearling indicating when the payment is due. https://www.ilrg.com/forms/sublease/us/pa The ...
1
vote
1answer
169 views

Using plural pronouns in a contract for a single entity

In regards to an NDA between a company and one person (employee or outside contractor), should the term "we" and "our" be used instead of "I" and "my"? For example, here's a clause from my NDA: We ...
1
vote
2answers
92 views

Google Maps Terms of Service

I came across a section of the Google Maps Terms of Service (link) that confuses me. I am currently developing a phone app and would like to use Google Maps. Is this section saying that Google owns my ...
2
votes
0answers
2k views

What is the meaning of “full force” in a contract?

What is the meaning of "full force"? Here is an example of it used bellow. Does it still have the same meaning if "full force" is removed? The unenforceability of any provisions of this Lease will ...
4
votes
1answer
3k views

Is there a difference between “illegal activity” and “criminal activity”?

What is the difference in meaning and use of the phrases "illegal activity" and "criminal activity"? Is one broader than the other?
5
votes
2answers
456 views

Accept vs Agree

In a contract, is there a difference between "accepting the terms and conditions" versus "agreeing to the terms and conditions"?
2
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1answer
342 views

Is the phrasing in a lease important? e.g. “not allowed” vs “must not” vs “shall not”

I asked the question about legalese and it seems the important part is that the parties' intents are communicated clearly. I've noticed in property leases there are quite a few different styles of ...
4
votes
2answers
5k views

including vs. including but not limited to

I'm reading over a lease agreement and in one page a passage reads, "...including, but not limited to, [list]" while on a later page another passage reads, "...including [list]." Normally I would ...
2
votes
1answer
42 views

Legal term for negotiator

For some reason I've been looking for an official term for a person or company (agent?) acting on behalf of other organization (principal?). Example is company A wants to construct a factory in ...