Unless Legal Meaning
The version with unless couldn`t really be called unclear, so why change it? Because in addition to being clear, you want to avoid fights. As in this dispute, disgruntled contracting parties might be tempted to use the meaning of a tripod verb matrix clause modified by a conditional clause as a stick that can be used to beat the other guy in future disputes. The meaning of both versions is clear. I propose two versions just to show that, unless the negative counterpart of if – if the matrix clause (this is what you call the part of the sentence to which a conditional clause is added) modifies an obligation, unless it serves to express when the obligation does not apply. You can do if and if equivalent by making the conditional clause of one or the other negative – so live with if and not live with it, except in the examples above. (There are other subordinations, including those provided.) In a contract, use the term condition instead of condition precedent, which conveys the same meaning but adds an unnecessarily legalistic taste. You should never have to use a subsequent fact, i.e. something that, if it happens, would end something else – it`s safe to assume that its importance to clients and many lawyers is unclear. Without using the label condition below, simply specify that if X occurs, Y will stop. “Unless,” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/unless. Retrieved 6 November 2022. Commitments can use a dynamic verb (pay, sell, cancel) or a tripod verb (keep, maintain, preserve).
Here are two versions of an obligation that use a dynamic verb plus a conditional clause, one with the if subcomputer and one with the subordinate, unless: The court was therefore wrong to say that “the use of the word `unless` tends to support Luckey`s interpretation of the agreement.” The use of the word “unless” tends to support Luckey`s interpretation of the agreement; However, the grammatical error of the provision makes it ambiguous at the stage of article 12. One possibility is that the fragment was a later condition, i.e. the confidentiality obligation evaporated after one year (if payment was not made). Another is that it was a condition precedent, meaning that the tax was never created (since no payment was made). And while it seems clear that a void payment was ever made, the idea that Luckey thwarted such a payment and thus excused it is plausible (though barely) at Rule 12 stage. The word nisi is not widely used in place of headlines unless the law contains many rules, commentaries and descriptions that are in Latin and are used by lawyers as an abbreviation to say something they all understand. The version which is a simplified version of the wording at issue in the present dispute. The version with si is clear – the obligation only applies once the condition has been met. The version with unless expresses a different meaning. There is no indication that the obligation would not apply at the time of conclusion of the contract. It follows that, unless the negative consideration is, if, in the context of an obligation applicable at the time of the conclusion of the contract, it is the natural interpretation of a conditional clause, the fulfilment of the condition would imply that the party would no longer have to comply with the obligation. When a judge issues a “decree nisi”, the word means nisi, unless.
The first example is clear: it is a condition for me to walk your dog, that you are kind to me. But it would be semantically abnormal to draw this meaning from the second example. The natural meaning is that I am walking your dog, but I will stop if you are not nice to me. It is in the interest of criticizing the courts` interpretation of confusing contract language, but what is more important for anyone raising or reviewing contracts is how to avoid this kind of fight. In this case, it is quite simple: for a commitment that includes a tripod verb, it would be clearer to replace an addition of a clause other than this one and a conditional set if, as in the second version below (the first version is the simplified version of the language at issue in this dispute): For more than 10 years, Ken Adams passionately shares his international expertise and nuanced ideas on contract language with our learners throughout their lives. Just like his courses, Ken`s blog is full of practical guidelines and excellent discussions on all things contracting. In one of his recent posts, Ken talks about using a “unless” clause if you should use it, and the concepts of “condition precedent” and “condition thereafter.” We`ve republished it below to give an overview of some of Ken`s big topics in his programs. Britannica English: Translation of Except for Arabic speakers These sample phrases are automatically selected from various online information sources to reflect the current use of the word “unless”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. Middle English unless you change onlesse, de on + lesse less I don`t think there is a purely “legal” synonym for the word “unless”, but it can mean the same thing as: except provided that: : : in circumstances other than. A good example is the legal doctrine that the law does not want to waste its time on trivialities.
Long ago, this was expressed in an English court as “de minimis non curat lex” or “the law does not care about trifles”. A lawyer who wants to contradict the judge that something is trivial simply says “de minimis”. Here are two versions that use a tripod verb matrix clause, again with a condition clause with if, the other does not: First, let`s look at how to interpret the language in question. I suggest that Luckey`s argument makes no sense. Here`s why: Adjusted taxable income, thatch agency, agency, agent, aisle, contract assignment, loan, CIF, certified cheque, child, children, counterparty, federal government, declaratory judgment, Nisi decree, demurrage, determinable, stupid bid, exclusion, emancipation, forfeiture, except, executor of Son De-Gang, postman, fair comment, flotsam, gavelkind, guardian, highway, implied conditions, implied trust, baby, subordinate Court, aggrieved party joint, judgment in personam, judgment in Nisi, Guiding question, Letter of safe conduct, Liquidated damages, , Reciprocity of confiscation, Upon approval, Sale, Perishable, Precatorious trust, Impersonated right or title, Proportion, Release, Resulting confidence, Self-incrimination, Sovereign immunity, Specific enforcement,.