GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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21:48 Mar 14, 2011 |
English language (monolingual) [PRO] Law/Patents - Law: Contract(s) | |||||||
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| Selected response from: Derek Gill Franßen Germany Local time: 13:06 | ||||||
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conclude vs. enter into to reach agreement on vs to become legally committed to Explanation: if we're only taking about contracts this is how I see the difference. "To enter into" is more in the legally binding sense, whereas "to conclude" is more about reaching an agreement after discussion. So, technically, after a discussion, the contract concluded can be entered into. Reference: http://wordnetweb.princeton.edu/perl/webwn?s=conclude Reference: http://en.wiktionary.org/wiki/enter_into |
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conclude reach agreement on vs. become party to (a contract) Explanation: Here are how I see the difference between the two: 1) Reach agreement on versus 2) To become party to a contract There are also helpful definitions on the web per the following: 1) Conclude: Reach agreement on "They concluded an economic agreement"; "We concluded a cease-fire" http://www.thefreedictionary.com/enter into 2) Enter into To become party to (a contract): The nations entered into a trade agreement |
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conclude v. enter into (a contract) synonyms (for the most part) Explanation: To be honest, I have a bit of trouble imagining a situation in which the slight difference that Joyce mentions might actually play a role. Can we really imagine a case, in which it would be proper to differentiate between the two, i.e., a case in which someone enters into a contract, but has not concluded that contract? Such situations are surely few and far between, if they exist at all. (Also, all things being equal, a contract formed either way would be binding.) In practice, these terms are (and can be) used synonymously to mean that a contract has been formed between two or more parties. Here is what Black’s Law Dictionary (8th ed.) offers: conclude, vb. 1. To ratify or formalize (a treaty, convention, or contract) “it can be difficult to amend a contract that the parties have already concluded”. 2. […] 3. […] conclusion, n. 1. […] 2. […] 3. The closing, settling, or final arranging of a treaty, contract, deal, etc. […] 4. […]. enter, vb. 1. […]2. […] 3. To become a party to “they entered into an agreement”. Again, if the terms are being used to describe the “closing, settling, or final arranging of a […] contract,” such as you describe in your question, then they may be used synonymously. Here is an example of the US Supreme Court using both terms in one sentence to mean exactly the same thing: “This Court need not intervene to protect commercial parties from their failure to conclude the contracts that, in retrospect, they wish they had entered.” (See p. 31 here: http://www.google.com/url?sa=t&source=web&cd=1&ved=0CBcQFjAA... .) |
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