Page 88 - 4806
P. 88

partial synonyms  as their  intension  is usually  very close to each
                            other  but  there  are  contexts  where  they  may  not  be  used
                            interchangeably  and  each  term  represents  an  individual  concept.
                            Essentially, a term is any provision forming part of a contract and
                            is mostly used in plural (terms) as limiting stipulations or clauses
                            in  a  contract.  Terms  may  be  either  a  condition  or  a  warranty
                            depending on their  importance. The former  is a  term of contract
                            under which one party is bound to do a particular thing; a failure
                            on his or her part to perform the promised act constitutes a breach
                            of contract and gives rise to liability for the breach. A warranty is
                            a  lesser,  subsidiary  term  of  the  contract;  a  breach  of  a  warranty
                            gives  rise  to  liability  for  damage  caused  by,  for  example,  a
                            defective product and as such cannot terminate the performance of
                            the contract. It should be noted that doublet terms and conditions is
                            among  the  most  common  redundancies  in  legal  drafting.  This
                            doublet  is usually used as  a subheading to identify the part in a
                            contract where all conditions are stipulated; it can be rephrased as
                            contractual terms and translated to the target language accordingly.
                                  Another example is an act – a law – a statute – an ordinance
                            – a regulation – legislation. However close their intension may be,
                            their  distribution  significantly  differs.  The  name  of  a  piece  of
                            legislation  approved  by  a  parliament  will  contain  Act  and  never
                            any other member of the string; a law is a generic term denoting
                            any  piece  of  legislation  passed  by  parliament;  a  statute  is  an
                            original common law term distinguishing a written law passed by
                            parliament from case law established by precedents and today can
                            be used interchangeably with a law; today an ordinance denotes a
                            municipal  regulation  under  US  law  but,  historically,  it  was  any
                            authoritative rule although of a less permanent nature than a law.
                            A  regulation  is  any  express  rule  usually  reduced  to  writing  and
                            issued  by  any  competent  and  authoritative  body  (from  a  local
                            council  to  parliament).  Legislation  is  only  an  uncountable  noun
                            although it may denote the body of laws as well as an individual
                            statute depending on the context.













                                                           87
   83   84   85   86   87   88   89   90   91   92   93