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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.
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