Condition Definition

GLOSSARY

Published by a ��˾��ҹ�� Commercial expert

What does Condition mean?

A condition is a term of the contract that is so significant that it goes to the heart of the transaction—so it is a major term of the agreement.

If a condition is breached, the injured party may terminate the contract and claim damages for any loss. Alternatively, the innocent party may choose to affirm the contract despite the breach and claim damages. Sometimes it is also called a fundamental term.

View the related checklists about Condition

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�Ѿ��پ��پ��ǲ�—c��𳦰�� How a sentence is reached When determining a sentence, a court will usually consider any statutory sentencing range, the applicable Sentencing Council (SC) guidelines including any offence specific sentencing guideline, the overarching guidelines and sentencing judgments from the Court of Appeal. The SC’s offence specific guidelines or the general guideline set out a stepped approach which the court must follow. See Practice Notes: Sentences imposed following conviction and Sentencing Council General Guideline—Overarching Principles. Generally, in sentencing exercises the court will need to consider the following: • the relevant starting point in the Sentencing Guidelines • the aggravating factors of the offence • the mitigation and personal circumstances of the defendant • any reduction in sentence for a guilty plea • whether the offender is dangerous and if there is a significant risk of harm through the commission of further specified offences • any ancillary orders that are appropriate • the totality of the sentence to ensure it is proportionate to the offending behaviour Mitigation The...

MVNO agreement—checklist

MVNO agreement—checklist This Checklist covers some of the main provisions to be included in a mobile virtual network operator (MVNO) agreement under which a mobile network operator supplier will provide wholesale access services to an MVNO for resale to its own retail customers. It covers some of the main provisions that are specific to an agreement of this kind. See also the Precedent: MVNO agreement. In this Checklist, the following definitions are used: • Agreement—means the MVNO agreement between the MVNO and the Supplier for the provision of the Services • End-User—means a customer of the MVNO • IPR—means intellectual property rights • MVNO—means mobile virtual network operator, the customer in the Agreement • Services—means the wholesale network services being provided to the MVNO by the Supplier • Supplier—means the mobile network operator providing network services to the MVNO The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) General terms and conditions ☐ Consider duration....

Standard terms and conditions—incorporation

This Practice Note summarises the practical steps which a business can take to successfully incorporate its standard form terms and conditions into contracts and agreements. It provides guidance on how to ensure that one party’s standard terms and conditions are incorporated into a contract, how to win the battle of the forms and how to prevail over attempts by the other party to incorporate their standard terms and conditions into the contract. See also: Effectively incorporating standard terms and conditions—checklist.For guidance on the purpose, advantages and disadvantages of using standard terms and conditions, see Practice Note: Standard terms and conditions—advantages and disadvantages.For guidance on drafting standard terms and conditions for business to business (B2B) transactions, see:•Practice Note: Key terms and conditions in commercial contracts•Drafting terms for the supply of services—business to business—checklist•Drafting terms for the sale of goods—business to business—checklistFor guidance on reviewing another party’s B2B standard terms and conditions, see:•Contracting on another party’s standard terms and conditions (B2B)—checklist•Reviewing terms for the purchase of goods or services as a buyer—business...

Key terms and conditions in commercial contracts

This Practice Note considers some of the key terms and conditions found in business-to-business (B2B) commercial contracts. It sets out the general drafting considerations and considers some of the key operative provisions, such as term, primary obligations, warranties, price and payment, confidentiality, intellectual property rights, data protection, liability and limitation of liability, indemnities, termination, and consequences of termination.For links to more detailed commentary on commercial contracts, generally, see:•Commercial clauses—overview•Definitions—overview•Boilerplate clauses—overview and Practice Note: The role of boilerplateSee also: Commercial contract drafting and review—checklist and Commercial contract review and execution (business personnel)—checklist.For more specific guidance when considering the supply of services, see also Practice Note: Negotiation guide: services agreements.Initial considerationsStructure and formThe initial consideration for any contract must be what form it will take, and that decision will largely be informed by what the contract is seeking to achieve and in what environment it is expected to be entered into. For example, simple contracts are capable of being entered into orally, in writing or by conduct; whereas some agreements require greater...

Discover our 4196 Practice Notes on Condition

Finance provisions—joint venture shareholders’ agreement

ALTERNATIVE 1: PROVISION FOR FUTURE LOANS BY SHAREHOLDERS Clause 1 Insert a new definition as follows (if not already included): Respective Proportion means, in relation to a Shareholder, the proportion which the number of Shares held by that Shareholder bears to the total number of issued Shares of the Company; Replace clause 9.3 with the following new clauses 9.3 and 9.4: 9.3 In the event that, at any time during the term of this Agreement, any such borrowings are not available or do not satisfy the working capital requirements of the Company as determined by the Board, each of the Shareholders, when requested from time to time, lend to the Company its Respective Proportion of the amount specified by the...

Clauses—medical examination, medical report and health screening

1 Medical examinations and reports 1.1 The Employer will have the right at any time[ after you have been absent from work for more than [insert number] working days (whether consecutive or in total) in any [consecutive [enter duration, eg 52-week] period OR sick pay year (which runs from [insert date] to [insert date]] ] to require you to undergo a medical examination by your medical practitioner or an independent medical practitioner selected by the Employer. 1.2 The Employer will usually also ask you to authorise the medical practitioner, as required by law and/or professional guidance:

Dive into our 852 Precedents related to Condition

If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover?

If administrators of a policyholder did not notify insurers of a claim against the policyholder within the 28-day time limit stated in the policy, can insurers reject cover? It is assumed that the claim would otherwise trigger cover under the insurance policy and that it is a liability insurance policy. Under a liability insurance policy, a notification clause is framed as a condition precedent to indemnity under the policy, to allow insurers to investigate the claim at an early stage. In the absence of a clause allowing for extended reporting of claims notifications, an insurer can rely on a breach of a condition precedent to deny liability, regardless of whether insurers have suffered any prejudice. See Practice Note: Liability insurance—notification of claims and circumstances and defence of claims. It should be noted that the purpose of section 11 of the Insurance Act 2015 relates to terms that define the risk as a whole, and it is to prevent insurers from relying on a breach unconnected to the...

Is a contract enforceable if the nominal consideration of £1 is never paid?

Is a contract enforceable if the nominal consideration of £1 is never paid? The placement of clauses providing for nominal consideration is used in some contracts to fulfil the requirements of consideration. Nominal consideration is the payment of a small amount that is still sufficient for legal purposes but 'nominal' in that it would not be adequate in any commercial sense. A sum of one pound sterling is commonly indicated as the nominal consideration, although higher amounts are sometimes seen. We refer you to Precedent: Nominal consideration clause and the related Drafting Notes which state that: ‘The reference to the receipt of the nominal consideration is important, particularly to avoid any risk of

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Sky can claim more in insurance dispute over faulty roof

Law360, London: Sky has secured a new victory in its multimillion-pound dispute with insurers over water damage to the roof of its headquarters, after an appeals court said on 16 December 2024 that the media giantbroadcaster can claim for damages incurred after its policy lapsed.

Proposals to accelerate development while ensuring better environmental outcomes

Planning analysis: The government has published a Planning Reform Working Paper titled ‘Development and Nature Recovery’, inviting views on proposals for a new approach to how housing and infrastructure development can meet its environmental obligations and contribute to nature recovery. The key proposals include shifting responsibility from multiple project-specific assessments to a single strategic assessment and delivery plan for addressing environmental impacts, moving more responsibility from developers to the state, and allowing impacts to be dealt with strategically in exchange for a financial payment that helps fund strategic actions.

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GLOSSARY