When creating a contract, it is common for lawyers to use templates that include a specific standard language. They then add specific provisions to the agreement. These contracts have usually already been formatted into sections with a multi-level list. There are a number of types of contractual clauses that are used regularly. These examples of clauses types include: I recently read this interesting article by Andrew Nickels on the “subject”, “no matter” and “no prejudice” clauses and it made me think about the usefulness of clarifying these terms for legal translation purposes. When a contract is translated into another contractual language, it is important to include a language clause. Such a language clause avoids the ambiguity that inevitably results from the recasting of contractual rights and obligations in a second contractual language. Another way to express the same thing in plain English would be to say, “Except in the cases provided for in section 2.. In 2011, Gulliver Preparatory School in Florida decided not to renew its principal`s employment contract. The director, Patrick Snay, 60, filed a civil action for age discrimination. The school reached an agreement with Snay and agreed to pay him $150,000.
The settlement included a confidentiality clause that limited Snay to discussing the matter only with his wife, lawyer and other professional advisors. He probably didn`t think it would be included in this restriction to tell his 18-year-old daughter about the colony, but it turned out to be his loss. A clause is a specific point or provision of a law or legal document. It can be a stand-alone article, section, or paragraph that deals with any topic related to the document that contains it. In the grammatical sense, a sentence is a group of words that contains a subject and a verb, or it can only refer to part of a sentence. For example, the phrase “If Jerry gets this new job” is a clause, but not a sentence. In a legal context, a clause is part of a written legal document. The breakdown of these documents by section or paragraph becomes easier to reference the relevant information. As an example of a clause, lawyer Mark may refer the court to a specific section of his client`s employment contract and say: In the examples above, clause 2 prevails over clause 1 by introducing an exception to the rule contained in clause 1. A section, sentence, paragraph, or segment of a legal document, such as a contract, deed, will, or constitution, that relates to a specific point. Subject: The term `subject to` is used when an exception to a rule or provision contained in another clause of the contract is to be introduced.
Sometimes the same term can be found in a contract, but formulated much more broadly. For example, if the person drafting the contract does not have time to specify the specific clause numbers for which the exception is specified, the phrase may be called “Notwithstanding any other provision of this Agreement.” may be found. In this case, the exception applies to the entire agreement. This expression can be used in clear English as “Despite everything that is contrary in this agreement…” ” can be written. Each legal translator found one or all of these terms in a contract or other legal document that they had to translate into or from English. These short sentences prove to be useful tools to save time when it comes to drafting a contract, and that`s why lawyers and jurists often use them. Without prejudice to: “Without prejudice to” is used when no priority is to be given over another clause of the contract. The school then refused to pay the full amount of the settlement, and the trial court granted Snay`s request to force or force the school to pay the agreed amount. The school appealed the decision, arguing that the agreement specifically stated that if Snay violated the confidentiality clause, he would lose $80,000 of the settlement amount. The Court of Appeal ruled that the wording of the confidentiality clause was quite clear about the restrictions and overturned the trial court`s decision to force the school to pay the full amount of the settlement. CLAUSE, contracts.
A special arrangement that is part of a contract; a law of the legislator; an act, written agreement or other written contract or will. If a clause is written obscurely, it should be interpreted as consistent, if possible, with the foregoing and the following. Empty Dig. 50, 17, 77; Construction trade; Interpretation. Snay`s daughter posted a Facebook post saying her father had “won” his lawsuit against the school and that the school “officially paid [for] his vacation in Europe this summer.” This post provided the settlement information to the girl`s 1,200 Facebook friends, in violation of the confidentiality clause that Snay could not disclose this information, directly or indirectly. Notwithstanding the foregoing, an exception to the rule contained in clause 1 must be made if the conditions set out in clause 2 are met. The following week, Maria`s mother filed a civil lawsuit against Louise, demanding a full refund of what she paid her for the dress. Although there was no formal contract with the legal language, Louise`s note on the work order that the dress was to be completed and delivered on a certain date before the dance party was a time clause that is essential. For example, translating a contract may be mandatory because local law requires contracts to be written in an officially recognized language for the contract to be valid and enforceable. To avoid any ambiguity, it is important to recognize this and determine which language version or translation will prevail in the event of inconsistencies or contradictions between the two. The following is an example of a language clause that provides for the dominant version in such circumstances: The following are examples of types of clauses that contain language specific to a particular type of contract. These are “standard” clauses that require only a small amount of information to add, if any.
Contracts are not the only legal documents divided into clauses. In fact, the U.S. Constitution consists of hundreds of clauses. These are often mentioned by their article, section and clause or paragraph numbers, although many clauses of the Constitution are mentioned often enough to obtain names. Some of these clauses often mentioned or discussed are: Legal documents are usually divided into several numbered sections, which makes it easier to navigate the document. These separate sections, paragraphs, segments, and expressions are called “clauses.” Clauses are often used in contracts, deeds, wills, settlement agreements, and other important documents. To explore this concept, consider the following clause definition. What do they really mean in plain text? Are they still used correctly? Given the difference these terms can make when included in a contract or omitted, their importance to the parties, their lawyers and, of course, to potential translators of the contract must be crystal clear. Language of the contract. This Agreement has been drawn up in English. In the event of any discrepancy between the English version of this Agreement and any translation, the English version of the Agreement shall prevail. Maria`s mother hires seamstress Louise to make a special dress that Maria will wear at her dance party next month.
The dress is said to be made of satin and taffeta in Mary`s favorite color – purple – and her mother explicitly tells Louise that she will need the dress at least four days before her concert, which will take place on the 15th of the month.