21) Where a definition must also include a future version, value or change, it must describe the term in question with the words “from time to time.” 20) To exclude a concept that can normally fall within the scope of a definition, it is necessary to follow the defined term or part of it by “exclusion.” It is precisely in the case of transactions where there is no question of defining a clear line between notions that might be within or outside the definition that it is often preferable to undefine the term. This also applies to the definition of terms, in accordance with the general principle of wording that contracts must use plain language (not commercial jargon or law). It is disconcerting that a word or concept is defined (for example. B products sold under the agreement are “all products listed in the appendix”) and that the agreement refers to similar terms or terms. For example, it is disconcerting that the agreement relates interchangeably to “goods,” “products listed in the schedule” and “products under this agreement.” Confusion leads to questions of ambiguity and interpretation. Do not use adjectives in the body of text to distinguish, describe or restrict certain defined terms of certain terms that fall under the same definition, unless the replacement of the definition by the defined term corresponds fully (and without horses) to the intended meaning of that defined term. The contractual provision must be interpreted in the sense that it replaces the definition of the defined concept. If the draughtsman deliberately avoids the definition, capitalization must also be avoided (but too often mistakes are made); Given this sensitivity to errors, the author may prefer to use a synonym to avoid the defined term. Here is an example of the correct use of a term defined in combination with an un defined word (similar): Ronald Reagan approved the agreement and the USTR reviewed Korean practices until the end of his term. If a word or concept is used only once in the treaty, it is sufficient to specify that word or concept in a later sentence or paragraph. Finally, defined terms and definitions are used to facilitate the interpretation of a contract. The party to the disclosure is important in the definition of confidential information. Rank popularity for the word “agreement” in Spoken Corpus Frequency: #718 except ships with less than eighty tons of register, the captain of a ship must enter into an agreement with any sailor he has transported from any port to Britain as one of his crew; and this agreement must be in the form sanctioned by the Trade Council.
(See RUNNING AGREEMENT.) 5) Create only one defined term for each definition and never use a synonym in which the defined concept, word or phrase should apply. “They had an agreement not to interfere in each other`s affairs”; “There was an agreement between management and the workers.” For reasons of clarity, this rule of good practice does not apply to the inclusion of the term unfunded in the definition. For a correct example: 22) The definition of a “contract” (signed) should indicate the title of this contract, its date, the parties and the changes (if applicable). Note: Under common law, the agreement is a necessary part of a valid contract. Under the Single Code of Trade, paragraph 1-201 (3), the agreement is the good deal of the contracting parties, as they are explicitly presented by their language or implicitly by other circumstances (as transactions). Britannica.com: Encyclopedia Article on the Agreement To reach an agreement; U.K. and U.S. negotiators on the verge of reaching an agreement; he agreed. 15) The defined term should be correlated with that of the definition. 7) If a term is defined, do not repeat part of its definition related to the use of the defined term.