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Unit 6A
Unit 6A - Understanding Contracts (TOLES)
Term | Definition |
---|---|
punctuation | the marks that people use to divide writing into different sections. Examples of punctuation are commas and full stops. |
sentence structure | the way in which a sentence is organised |
word order | the order of something is what comes first, second, third, etc. In different languages the verb, noun and adjective may be in a different order in a sentence. |
synonym | a word that has the same meaning or almost the same meaning as another word. For example, ‘small’ and ‘little’ are synonyms in English. |
the passive | a sentence that uses the passive is a sentence that has as its subject the person or thing to which an action is done. An example of the passive is ‘the contract was signed by the client’. In the active you would say ‘the client signed the contract’. |
in the event of | if something happens |
terminated | ended |
forthwith | immediately |
extent | amount of level |
territory | an area of land |
entitled to | have the right to something |
compensation | payment for something that is lost of damaged |
manner | the method or way of doing something |
a supplier | a person or company that provides a particular product or service. |
a right | a legal entitlement to do or to have something |
property | a person’s possessions or general things that they own. Property is different from real property, which means land |
a contractor | a person or company that makes a legal agreement to provide goods or services to another person or company. |
a distributor | a person or a company that supplies goods in a particular area, often to shops, on behalf of another person or company |
an obligation | a legal duty to do or not to do something |
in the near future | soon |
at the present time | now |
in the event of | if |
during such times as | while |
until such times as | until |
on the part of | by |
due to the fact that | because |
not less than | at least |
in effect | in operation or in force. Valid. |
trading | operating as a business |
notice | warning that something is going to happen in the future |
to take place | to happen, to occur. |
a remedy | a solution for a breach of contract to make sure that the innocent party does not suffer from the breach. |
notwithstanding | means despite or in spite of something // The new law concerning the protection of the environment will come into force next year, notwithstanding a huge amount of opposition to it from industry. |
inasmuch as | means that what you are saying in the rest of your sentence is true only in a limited way or to a certain extent |
to come into force | to begin to have legal effect. |
opposition to something | strong disagreement to something |
a top law firm | one of the most successful and well-known law firms |
lack of experience | only a little experience of something |
inadmissible evidence | evidence that for some reason cannot be presented in court |
prior to | means before |
subject to | depending on |
engaged in | means involved in, doing |
inclusive of | means including |
referred to | means named, called, mentioned |
to define | to say exactly what a word means |
defined terms section | the section of a contract where the parties agree exactly what particular words mean when those words appear in the contract |
running | operating |
availability | how many/much of a product that a company has that it can sell. |
outlet | a shop or company through which goods are sold |
retailer | a person or company who sells goods to the public |
defective | not working properly, faulty |
invoice | a list of goods or services that you have received, showing how much you have to pay for them |
manufacture | make or produce goods to sell |
sum | amount (of money) |
to invest | to put money into a business or put it into a bank account in order to make a profit |
go ahead | continue |
to install | to put a machine in the place that you want to use it and connect it to a power supply so that it is ready to use. |
term | a word that has the same meaning as duration. Lawyers use it to talk about the period for which a contract is valid |
give notice | two words that mean to warn someone that something is about to happen. Often it means to warn someone that a contract is about to end |
expiration | a very formal word meaning the ending of something |
procurement | a noun that means obtaining or getting something |
aggregate | a formal word that means an accumulated total |
undertake | a formal word that means to promise to do something |
incur | a word that means to suffer something or to place yourself in a bed situation by your own actions with the result that you receive a punishment. |
hereby | by means of this document/with these words/with this action // I hereby accept your offer |
herein | in this document // The price named herein is final and non-negotiable. |
hereinafter | starting from this time/later in this document // ALT Electrics plc, hereinafter known as “the Company”. |
heretofore | earlier in this document/previously/before the time of writing // The property heretofore known as Downing House is renamed Appleby House. |
hereunder | in a later part of this document/under the terms of this agreement // The terms and conditions are listed hereunder |
in common use | something that people use often |
to delete something | to remove something from a piece of writing |
a category | a group of things that are of the same kind |
a leading law firm | one of the most important law firms |
non-negotiable | can’t be changed, fixed |
to fall out of use | if something falls out of use it means that people don’t use it any more |
to acknowledge receipt | to confirm that you have received something |
in full | completely |
arbitration | the process of a third party settling an argument or a legal problem without the matter going to court |
conducted | done, carried out |
thereby | as a result of this or that action // Your client signed the contract and thereby entered into a binding agreement. |
therein | in or a particular place or thing/in that/in there // The rented property and the furniture contained therein. |
thereon | on it/on there/on what I have just mentioned // The amount borrowed and the interest due thereon must be repaid by 10 March 2010. |
thereinafter | later in that place or thing/later in what I have just mentioned // We were defined in that contract as the Company and were known as the Company thereinafter. |
thereto | to it, to the thing that I have just mentioned // ‘At the meeting we will discuss Mrs Jones’ will and all matters related thereto.’ |
comments | things that are written or said about someone or something |
exception | something that is not included in a general rule |
packaged | put into the correct box, bag or container for transporting or selling |
meet (met) an obligation | to fulfil an obligation. To do what you promised to do |
refund | the money that you get back from a shop or a supplier when you return goods |
option | a choice |
a conference | a large meeting where people discuss important matters, especially business matters |
a hotel chain | a group of hotels that all have the same owner |
to book something | to say that you want to reserve something to use in the future such as a car or hotel room |
customs authorities | a government department that collects tax on goods that people bring into the country |
an author | a person who writes books |
intellectual property rights | a person’s right in something that they have invented or created. No one else has the right to make, sell, copy or exploit the invention or creation without permission |
the parties | the people or companies who are entering into the contract |
the recitals | the background to the contract and the reason(s) why the parties are entering into the contract |
the definitions section | how certain words must be interpreted when they are used in the contract |
the key obligations/duties | the most important things that each party agrees to do |
the delivery of goods/services | the time when the key obligations will be carried out and where they will be carried out |
draft ‘from scratch’ | can mean the preparation of any written legal document--a motion, a letter, a brief, a memo, or a contract. Lawyers and law teachers use the phrase in this way all the time: "Draft a brief" or "draft a letter." |
precedent library | standard contracts or other agreements or documents used as examples for later documents |
precedent bank | a shared resource to which lawyers often have unfettered access |
drafting checklist | a list of items required, things to be done, or points to be considered, used as a reminder. |
precedent | means the way things have been done before. For example, a lawyer who must prepare a contract and who has prepared a similar contract before will often re-use, with limited changes, the old contract for the new occasion |
a key obligation | an important obligation |
carried out | done, performed |
a blank page | a page with no writing on it |
current | existing now |
a checklist | a list to help you make sure that everything necessary is done |
incorporated in | included in |
to carry something out | to do something |
set out | written or stated |
relevant legislation | the part of the general law of a country that the parties to a contract must obey in a particular situation |
aforementioned | denoting a thing or person previously mentioned. |
aforesaid | another term for aforementioned. |
archaic term | or sense is one that still has some current use but whose use has dwindled to a few specialized contexts, outside which it connotes old-fashioned language. In contrast, an obsolete word or sense is one that is no longer used at all |
carriage | the conveying of goods or passengers from one place to another. |
clause | a particular and separate article, stipulation, or proviso in a treaty, bill, or contract. |
copyright | the exclusive and assignable legal right, given to the originator for a fixed number of years, to print, publish, perform, film, or record literary, artistic, or musical material. |
definition | a statement of the exact meaning of a word, especially in a dictionary. |
delivery | the acknowledgement by the maker of a deed that they intend to be bound by it. |
draft | a preliminary version of a piece of writing. |
hirer | a person or company that buys something using hire purchase |
import duty | a payment levied on the import of goods. |
in transit | in the process of being transported // Some of the goods were lost in transit |
inadmissible | (especially of evidence in court) not accepted as valid. |
non-negotiable | not open to discussion or modification. |
on board | on or in a ship, aircraft, or other vehicle. on to a team as a member. |
patent | a government authority or licence conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention. |
parties | one of the participants in a lawsuit or other legal proceeding who has an interest in the outcome |
premises | a house or building, together with its land and outbuildings, occupied by a business or considered in an official context. |
procure | obtain (something), especially with care or effort. |
real property | means the land plus anything growing on it, attached to it or erected on it, including man-made objects, such as buildings, structures, roads, sewers, and fences, but excluding anything that may be removed from the land without injury to the land |
remedy for breach | There are several remedies for breach of contract, such as award of damages, specific performance, rescission, and restitution. In courts of limited jurisdiction, the main remedy is an award of damages |
said | used in legal language or humorously to refer to someone or something already mentioned or named. |
same | (chiefly in formal or legal use) the person or thing just mentioned. |
template | a preset format for a document or file. |
trademark | a symbol, word, or words legally registered or established by use as representing a company or product. |