Helpful terms

We’ve put together a list of terms we find helpful together with accompanying links to help you as you go through your business improvement process.
Legal (73)

Essential basic rudimentary

anticipatory repudiation definition or meaning

Also known as an anticipatory breach this is a term in the law of contracts that describes a declaration by the promising party to the contract that he or she does not intend to live up to his or her obligations under the contract.

explain if emails are legally binding

Most people assume that the law generally requires a written, signed agreement for a transaction to be legally binding. However, an email exchange can also satisfy the legal requirements and collectively constitute a binding contract.

what does batna stand for

Best Alternative to a Negotiated Agreement is the most advantageous alternative that a negotiating party can take if negotiations fail and an agreement cannot be reached.

definition or meaning of best efforts clause

Subject to the terms and conditions provide in the Agreemne, each of the parties shall use their respective best efforts in good faith to take or cause to be taken as promptly as possible all reasonable actions that are within its power to cause to be fulfilled those of the conditions precedent to its obligations.

breach breach breach definition or meaning

An act of breaking or failing to observe a law ,agreement or code of conduct.

explain breach definition law

A breach is a violation of a law,duty or promise.

breach definition or meaning

An act of breaking a law, promise, agreement or relationship.

cobblestone definition or meaning

Cobblestone Software is an enterprise contract lifecycle management system for organizations of all sizes, helping them better manage contracts, agreements and vendor and customer obligations. It offers a robust, user-friendly solution that empowers businesses to successfully manage the entire contract lifecycle.

what is a cobblestone framework

The Cobblestone Framework is a Machine Framework containing a Cobblestone Controller.

cobblestone definition or meaning

Cobblestone Software is an enterprise contract lifecycle management system for organizations of all sizes, helping them better manage contracts, agreements and vendor and customer obligations. It offers a robust, user-friendly solution that empowers businesses to successfully manage the entire contract lifecycle.

provide common law examples

Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. An example of common law is a rule that a judge made that says that people have a duty to read contracts.

explain common law rules

Common law is defined as a body of legal rules that have been made by judges as they issue rulings on cases, as opposed to rules and laws made by the legislature or in official statutes. An example of common law is a rule that a judge made that says that people have a duty to read contracts.

definition or meaning of consideration

Consideration is a English common law concept within the law of contract and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as goods, money, services or promisesof any of these) which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. if one party offers consideration, the agreement is a bare promise and is unenforceable.

consideration law explanation

Consideration is a English common law concept within the law of contract and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including the US. Consideration can be anything of value (such as goods, money, services or promisesof any of these) which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. if one party offers consideration, the agreement is a bare promise and is unenforceable.

definition or meaning of anticipate

The performance of an act or obligation before it is legally due.

definition or meaning of burden

Assignment involves the transfer of an interest or benefit from one person to another. However, the ‘burden’ or obligations under a contract cannot be transferred. Only the benefits of a contract can be assigned not the burden.

definition or meaning of disposition

The term disposition has two legal meanings: when used in the context of litigation: it refers to a court’s final determination of a case or issue: when used in relation to property it refers to the act of transferring or relinquishing of that property to another’s care or possession usually by deed or will.

definition or meaning of distinguish

To distinguish one case from another means to show the dissimilarities between the two. It means to prove a case that is cited as applicable to the case currently in dispute is really inapplicable because the two cases are different.

definition or meaning of doubtful

A doubtful contract means either that it’s doubtful whether the purported contract is in fact a binding contract, that it’s doubtful the contract means what somebody thinks it means or that it’s doubtful that the contract is enforceable.

definition or meaning of miscellaneous

The ‘miscellaneous provisions’ portions of a contract are where all the random, seemingly uninteresting provisions are found.

definition or meaning of stale

A stale claim or demand is one that has not been pressed or asserted for so long a time that the owner or creditor is chargeable with laches and that changes occuring meanwhile in the relative situation of the parties,or the intervention of new interests or equities, would render the enforcement of the claim or demand against conscience.

definition or meaning of terminate

To terminate a contract means to end the contract prior to it being fully performed by the parties. In other words prior to the parties performing all of their respective obligations required by the contract their duty to perform these obligations ceases to exist.

definition or meaning of vendor

A vendor, also known as a supplier, is an individual or company that sells goods or services to someone else in the economic production chain.

dynamics of a relationship definition or meaning

Business relations are connections between stakeholders in the process of businesses, such as employer-employee relationships, managers as well as outsourced business partners. These can be continually changing, growing and developing.

what is e sign law

The ESIGN Act is a federal law passed in 2000. It grants legal recognition to electronic signatures and records if all parties to a contract choose to use electronic documents and to sign them electronically. No contract, signature or record shall be denied legal effect solely because it is in electronic form.

what is the electronic signature act

The ESIGN Act is a federal law passed in 2000. It grants legal recognition to electronic signatures and records if all parties to a contract choose to use electronic documents and to sign them electronically. No contract, signature or record shall be denied legal effect solely because it is in electronic form.

definition or meaning of elements of consideration

Consideration in contract law is simply the exchange of one thing of value for another. It is one of the six elements that must be present for a contract to be enforceable. Consideration must be both legally sufficient and bargained for by the receiving party.

definition or meaning of enforceable

An enforceable contract is any legal contract which carries the force of law behind it. It is a legal agreement between two parties which is legally binding. An enforceable contract is any legal agreement btween two parties which is not restricted to any laws.

essential clause definition or meaning

An essential clause in a contract generally will include some terms, either expressed or implied, that will the form the basis of the agreement. These terms may outline contract conditions or contract warranties. Contract conditions are fundamental to the agreement.

exception clause definition or meaning

An exception clause allows that which is contrary to normal expectations. An example is a mortgage provision allowing the skipping of a payment in July. This is contrary to the normal expectation of paying every month.

exclusion clause definition or meaning

An exclusion clause is a term in a contract which seeks to exclude or limit the liability of one of the parties. For example, it may state that a party has no liability if the contract is breached or alternatively seek to limit the range of remedies available or the time in which they can be claimed.

explain the federal acquisition streamlining act

This is a United States law that was enacted in 1994 with the goal of lowering procurement barriers.

explain and definition force majeure clause

A ‘force majeure’ clause (French for’superior force’) is a contract provision that relieves the parties from performing their contractual obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, illegal or impossible.

provide a force majeure clause sample

A force majeure clause is a contract provision that allows a party to suspend

force majeure definition or meaning

Force majeure means unforseeable circumstances that prevent someone from fulfilling a contract. It is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties eg war or hurricane.

fully executed definition or meaning

A fully executed document is a contract that has become effective as a result of the signatures authorized representatives of the parties to the agreement.

explain a fully executed agreement

Fully executed means that all parties have agreed to the terms and conditions of the proposed contract by signing and initialing any changes to the written document.

provide an indemnity clause sample

The Warrant Agent shall be liable hereunder only for its own gross negligence, willful misconduct or bad faith. The Company agrees to indemnify the Warrant Agent and save it harmless against any and all liabilities, including judgements, costs and reasonable counsel fees, for anything done or omitted by the Warrant Agent in the execution of this Agreement, except as a result of the Warrant Agent’s gross negligence, willful misconduct or bad faith.

definition or meaning of lack of integrity

The obligation to act with integrity is a common feature of most professional codes of conduct. A lack of integrity does not necessarily equate to dishonesty. Integrity refers to the higher ethical standards that society holds professionals to compared to the general public.

legal signature definition or meaning

A legally binding signature makes an agreement official once all parties have placed their signatures on a contract. Signatures are the most common method of indicating that you have read over and agreed to the terms ,

limitation of liability clause example

The limitation clause should set out: The losses each party accepts to compensate wthout limit, eg fraud,death and personal injury. The losses each party accepts to cap and the amount of damages a party will be liable for …. If these are excluded, any such clause will be unenforceable.

definition or meaning of main responsibilities

All contracts must be assigned to an individual within the department known as the departmental contract administrator who is responsible for performing or tracking performance, administration, addressing routine issues that may arise under the contract and alerting Contracting and Purchasing Services when a contract requires modification, renewal or cancellation.

majeure definition or meaning

Majeure means major/superior

definition or meaning of mirror image rule

In the law of contracts, the mirror image rule, also referred to as a unequivocal and absolute acceptance requirement, states that an offer must be accepted exactly with no modifications. The offerer is the master of one’s own offer.

mirror image rule definition or meaning

In the law of contracts, the mirror image rule, also referred to as a unequivocal and absolute acceptance requirement, states that an offer must be accepted exactly with no modifications. The offerer is the master of one’s own offer.

definition or meaning of necessary clause

The Necessary and Proper clause is a section of the United States Constitution that enables Congress to make the laws required for the exercise of its other powers established by the Constitution.

definition or meaning of no negotiation

No negotiation means that something is not open to negotiation. For example ” The terms of this contract are absolutely non-negotiable; the company will not budge. “

what is the oxford comma court case

This is a 2014 case in which a group of delivery- truck drivers sued their employer, Oakhurst Dairy, for unpaid overtime and lost wages. The company settled with the drivers for $5 million.

explain the oxford comma debate

The Oxford (or serial) comma is a comma placed between the last two items in a series of three or more. For instance, “I like cake, pizza, and ice cream.” Proponents of the Oxford comma argue it’s necessary to avoid potential ambiguity. It is also placed before the conjunction “and ” or “or”. There is a hot debate around its use because this is technically an optional punctuation mark, and in some sentences it clearly helps understanding and removes ambiguity while in others it can be reduntant.

please give me an oxford comma example

The Oxford comma is the one after “toast” in this sentence ; “We had eggs, toast, and oatmeal for breakfast”.

definition or meaning oxford comma jfk

The use of the Oxford comma eliminates the possibility of confusion that can otherwise arise. For example, consider the sentence, ” We invited two strippers, JFK and Stalin.”It’s not clear whether that means two strippers plus JFK and Stalin, for a total of four people or whether the strippers are JFK and Stalin. In contrast, inclusion of an Oxford comma renders the meaning unambiguous: “We invited two strippers, JFK, and Stalin.”

definition or meaning of oxford comma

The Oxford comma is a comma before the final item in a list. It’s also called the “serial comma”.

definition or meaning of oxford comma stalin

The use of the Oxford comma eliminates the possibility of confusion that can otherwise arise. For example, consider the sentence, ” We invited two strippers, JFK and Stalin.”It’s not clear whether that means two strippers plus JFK and Stalin, for a total of four people or whether the strippers are JFK and Stalin. In contrast, inclusion of an Oxford comma renders the meaning unambiguous: “We invited two strippers, JFK, and Stalin.”

explain ponder in a sentence

Take a few minutes and ponder the question before you jump to a conclusion.

definition or meaning of privacy

In general the right to be free from secret surveillance and to determine whether, when, how, and to whom, one’s personal or organisational information is to be revealed.

explain quantum meruit

Quantum meruit is a reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contact.

definition or meaning of repudiation

Repudiation of a contract means a refusal to perform the duty or obligation owed to the other party. Anticipatory Repudiation is an act or declaration before performance is due under a contract that indicates that the party will not perform his or her obligation on the future date specified in the contract.

definition of specific performance in the legal sense

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property.

definition or meaning of statute of frauds

This is a requirement that certain contracts ( such as for sale of land, sale of goods exceeding a certain value, a debt guaranty) must be in writing and properly executed to prevent fraud and perjury. Otherwise such contracts cannot be enforced in the courts although they remain legal ( are not rendered void ) .

explain a successful negotiation

Negotiation is the key to business success. Successful negotiation involves good interpersonal and communication skills, used together to bring a desired result. Improved supplier relationships, sustainable competitive advantage and managing conflicts effectively are all advantages of successsful negotiations.

what does sue for specific performance mean

When you sue for breach of contract, you can generally sue for money compensation. However, in some circumstances you can sue for “specific performance”, which means the judge orders the seller to actually go through with the contract and transfer the property to you.

explain the mirror image rule

In the law of contracts, the mirror image rule,also referred to as an unequivocal and absolute acceptance requirement, states that an offer must be accepted exactly with no modifications. The offeror is the master of one’s own offer.

types of clauses definition or meaning

A section, phrase , paragraph or segment of a legal document, such as a contract, deed , will or constitution that relates to a particular point.

definition or meaning of unfulfilled

Any obligation to provide a good service that has not be filled.

definition or meaning of unfulfilled definition

Any obligation to provide a good or service that has not be filled.

explain what under duress means

Duress occurs when one party exerts improper pressure on another party and that party feels they have no choice but to enter into the agreement or transaction as a result. Duress makes the agreement voidable.

anticipation definition or meaning

To offset losses against future or unrealised earnings.

definition or meaning ofcorrespondence

The exchange of information in a written format for the process of business activities,

explanation of disposition

The act of getting rid of an asset or security through a direct sale or some other transfer method.

definition or meaning of force majeure

Unforeseeable circumstances that prevent someone from fulfilling a contract. A standard clause in construction and supply contracts it exempts parties from fulfilling their contractual obligations for causes that could not be anticipated and or are beyond their control.

explaination of miscellaneous

Costs that are grouped together on a balance sheet because of a lower monetary value , like meals or ticket prices.

definition or meaning of quantum meruit

A reasonable sum of money to be paid for services rendered or work done when the amount due is not stipulated in a legally enforceable contract.

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