I recently read this interesting article by Andrew Nickels on the “defeated”, “nevertheless” and “without prejudice” clauses and it made me think about how useful it would be to clarify these terms for legal translation purposes. In such a case, Party A shall exercise its rights or obligations subject to compliance with the conditions set out in Section 3. Class A shares are sold at net asset value plus an initial sale commission at net asset value, excluding initial selling expenses, but subject to conditional deferred selling expenses. There are three types of contracts that can be used. These include: Sometimes the same term can be found in a contract, but it can be 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 read “Notwithstanding any other provision of this Agreement…” ». In this case, the exception applies to the entire contract. This phrase can be written in plain language as follows: “Despite everything else in this Agreement…” ». Nevertheless, “nevertheless” is the opposite of “subject to”.
Let`s rewrite the above examples using “anyway” instead of “subject to”. In other words, the legal concept introduced by the expression `subject to` must observe or comply with the legal obligations contained in that provision. What do they really mean in plain language? Are they still used correctly? Given the difference these terms can make when included or omitted from a contract, their meaning must be crystal clear to the parties, their lawyers and, of course, to potential translators of the contract. To define the subject matter of the contract, the first step is to understand that a contract is a promise between two or more parties.3 min spent reading The court noted that there was no express agreement to remove the classification “subject matter of the contract”. If the seller receives another offer within the time limit, the seller may ask the buyer to withdraw the clause. If the buyer accepts, the seller can then accept another offer. This can lead to better conditions for the seller. The buyer can also stick to the original terms of the contract and continue the process of selling their property, which means that the seller must wait until the contract expires before accepting another offer. The English Court of Appeal has drawn a distinction between (a) negotiations “subject to contract”, where the parties do not enter into a binding agreement, and (b) incomplete agreement, where the parties intend to enter into a legally binding agreement, but some of the conditions must be agreed at a later date. In this case, the Court concluded that the transactions between the parties constituted a “contractual” negotiation, which, however, did not result in a binding agreement. Common shares may be issued upon exercise of a common share purchase warrant at an exercise price of $10.00 per share, subject to customary adjustments. If you use the theme to formulate in your legal documents and contracts, make sure you use it correctly.
If a legal term is introduced by the expression “subject of”, it means that this legal concept is dominated by another concept. The term “object” is often used in contracts. This shows the reader that he must compare the current clause he reads (clause 1) with another clause elsewhere in the contract (clause 2). Article 2 can be either on the same page, one page later or on a previous page. The seller may see an advantage of a subject clause if he can continue to show the property to potential buyers. This allows the seller to retain control over who will buy the property. Conversely, the buyer benefits from the clause if his purchase of the home is dependent on the sale of another property. The buyer can set the purchase price and conditions while extending his deadline to sell his other property. You may consider “subject to” in law as “dependent on” or “dependent on”. “Subject of the contract” is a term frequently used in legal language.
It is often used when trying to reach an agreement or compromise, as well as when negotiating the terms of a settlement agreement.