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Other legal drafting experts, including Plain Language advocates, argue that while shall can be ambiguous in statutes (which most of the cited litigation on the word's interpretation involves), court rules, and consumer contracts, that reasoning does not apply to the language of business contracts. [2]
A will contract is a term used in the law of wills describing a contract to exchange a current performance for a future bequest. In such an agreement, one party (the promisee) will provide some performance in exchange for a promise by the other party (the testator, because they must draft a will) to make a specific bequest to the promisee party in the testator's will.
A boilerplate clause is a legal English term that is used in conjunction with contract law.When forming contracts, parties to the contract often use templates or forms with boilerplate clauses (boilerplate language, used as standard language).
The antiquated English term of administratrix was used to refer to a female administrator but is generally no longer in standard legal usage. Apertura tabularum – in ancient law books, signifies the breaking open of a last will and testament. Beneficiary – anyone receiving a gift or benefiting from a trust
In Olins v Walters [2009] 2 WLR 1 C.A. [6] the Court of Appeal has held that although it is a necessary condition for mutual wills that there is clear and satisfactory evidence of a contract between the testators, it is a legally sufficient condition that the contract provides, in return for one testator agreeing to make a will in a particular ...
Contract law in the majority of civil law jurisdictions is part of the broader law of obligations codified in a civil or commercial code clearly outlining the extent to which public policy goals limit freedom to contract and adhering to the general principle that the sole formal requirement for a contract to be formed is the existence of a ...
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
English contract law is the body of law that regulates legally binding agreements in England and Wales.With its roots in the lex mercatoria and the activism of the judiciary during the Industrial Revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India [1]), from membership in the European Union, continuing membership in Unidroit, and to a ...
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