terms and conditions
English translation: there seems to be a difference ....
| 23:53 Nov 27, 2004 |
| English language (monolingual) [PRO] Law/Patents - Law: Contract(s) | |||||||
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|  Selected response from: seaMount Local time: 22:20 | ||||||
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| 5 +1 | there is no difference but it is a legal language formality... |
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| 5 +1 | pl see explanation |
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| 4 +1 | there seems to be a difference .... |
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| 3 | Possible explanation |
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| Discussion entries: 3 | |
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Answers
8 mins confidence: 
peer agreement (net): +1
peer agreement (net): +1there is no difference but it is a legal language formality... Explanation: the idea is to aviod using them, whenever they mean the same, however, they are used by proffesionals of law in order to make the language more pompous. |
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19 mins confidence: 
Possible explanation Explanation: Excellent question. I've wondered about that myself. I think the difference is term = provision, i.e. a stipulation, requirement and condition = what will occur if certain circumstances arise. For example, if interest rates increase so will the rent or price, etc. But Alejandra may also be right that they are synonymous. English legal language is full of redundancies: null and void, final and conclusive, without let or hindrance. Term : a word, phrase, or provision of import esp. in determining the nature and scope of an agreement usu. used in pl. <the ~s of the contract> Condition: an uncertain future act or event whose occurrence or nonoccurrence determines the rights or obligations of a party under a legal instrument and esp. a contract also : a clause in the instrument describing the act or event and its effect http://www.lawyers.com/legal_topics/glossary/search/profile/... |
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29 mins confidence: peer agreement (net): +1
peer agreement (net): +1there seems to be a difference .... Explanation: "....of the difference between “terms” and “conditions”. They have different meanings and consequences. In the case of a condition, the existence of a contract or a contractual obligation is subject to the fulfilment thereof. The breach of a contractual term does not by itself terminate a contract. A contractual term can be enforced; on the other hand no action can be taken to enforce performance of a condition although other legal consequences may arise if a party to a contract purposely frustrates the fulfillment of the condition. A condition may be suspensive or resolutive. It may also be positive or negative. Each brings about completely different consequences." www.moss-morris.co.za/ law_news/Law%20News%20(2000-03).pdf |
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1 day 26 mins confidence: peer agreement (net): +1
peer agreement (net): +1pl see explanation Explanation: Terms:Agreement between two or more parties that creates for each party a duty to do something (e.g., to provide goods at a certain price according to a specified schedule) or a duty not to do something (e.g., to divulge an employer's trade secrets or financial status to third parties). Condition:Condition:in logic, a stipulation, or provision, that needs to be satisfied; also, something that must exist or be the case or happen in order for something else to do so (as in “the will to live is a condition for survival”). Parties are free to regulate their relations by contract, within limits set by express statutory prohibitions and by good morals. Strict limits are set to eliminate fraudulent practices by one of the contracting parties. In the case of a valid contract, the parties must observe the requirements of good faith, with ordinary usage taken into consideration. A party's failure to honour a contract allows the other party or parties to bring an action for damages in a court of law, though arbitration may also be pursued. In order to be valid, a contract must be entered into both willingly and freely. A contract that violates this principle, including one made with a legal minor or a person deemed mentally incompetent, may be declared unenforceable by a court of law. A contract also must have a lawful objective -------------------------------------------------- Note added at 1 day 29 mins (2004-11-29 00:23:05 GMT) -------------------------------------------------- Violation of certain terms does not ipso facto give right to terminate the contract. |
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