Condition Definition

GLOSSARY

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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 the key terms and conditions found in business-to-business (B2B) commercial contracts. It sets out the general drafting considerations and considers 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.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 formality and must be executed as a deed. Those simple contracts which are in written format, may be drawn-up as formal or bespoke agreements (which generally anticipate some degree of negotiation and the signature of the parties entering into it) or as standard form terms and conditions. Standard terms and conditions may form a...

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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 837 Precedents related to Condition

What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result?

What are the implications for an insured who participates in clinical trials but fails to notify his insurers of any existing health conditions or potential changes to his health which he discovers as a result? The following questions potentially arise: • has there been an increase in risk which the insured is obliged to disclose during the currency of the policy? • must the information be disclosed at renewal? • does it attract the operation of an exclusion for pre-existing conditions? • has there been any non-disclosure or misrepresentation? The insured’s state of health may be relevant to a wide variety of insurance policies, including long-term policies (eg life assurance, income protection or critical illness) and short-term policies (eg private medical, accident, or travel insurance). Some policies may be fully underwritten at the outset by means of a detailed proposal form. Others may only require minimal disclosure at inception but exclude cover for pre-existing medical conditions and/or require notification of changes in the insured’s health. It is therefore...

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...

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Competition weekly highlights—10 October 2024

This week's edition of Competition weekly highlights includes a number of EU developments, namely: (1) the Court of Justice dismissing an appeal against the Commission’s prohibition of the proposed JV between TyssenKrupp and Tata Steel, (2) the Court of Justice ruling that some FIFA rules on transfer of players may restrict EU competition, (3) the Court of Justice dismissing numerous appeals relating to Commission’s re-adopted decision concerning the Italian concrete reinforcing bars cartel, (4) the Court of Justice dismissing two appeals against a German COVID scheme for companies’ uncovered fixed costs, and (5) an AG’s opinion suggesting that the Court of Justice should allow an appeal and set aside the General Court’s judgment which annulled the Commission’s decision approving aid to Timișoara Airport in favour of Wizz Air.

Arbitration weekly highlights—10 October 2024

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from the Netherlands, Germany, Ireland, Ukraine, Hong-Kong and Singapore; news from Kazakhstan and reporting of Wells Fargo and the AAA under scrutiny for misrepresentation and updates from CIAM-CIAR and CIGAD. A new checklist for arbitrators on the use of AI in international arbitration has also been published in light of recent developments. All this, and more in our weekly highlights.

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GLOSSARY