Define: Common Clause

Common Clause
Common Clause
Full Definition Of Common Clause

The common clause is a legal provision that is commonly included in contracts and agreements. It states that the parties involved in the agreement will act in good faith and with fair dealing towards each other. This means that they will not engage in any dishonest or unfair practices that could harm the other party. The common clause is intended to promote trust and fairness in business transactions and to protect the rights and interests of all parties involved.

Common Clause FAQ'S

A common clause is a standard provision that is commonly included in legal contracts to address common issues or situations that may arise during the course of the agreement.

Yes, common clauses are legally binding as they form a part of the overall contract. They are enforceable by law and can be used as a basis for legal action if necessary.

Yes, common clauses can be modified or customized to suit the specific needs of the parties involved. However, any modifications should be agreed upon by all parties and clearly documented in the contract.

Examples of common clauses include termination clauses, dispute resolution clauses, confidentiality clauses, indemnification clauses, and force majeure clauses.

Yes, common clauses can be added or removed from a contract based on the requirements of the parties involved. However, it is important to ensure that the contract still covers all necessary aspects and protects the interests of all parties involved.

Common clauses are generally applicable to most types of contracts. However, the specific clauses included may vary depending on the nature of the agreement and the industry involved.

Yes, common clauses can be negotiated between the parties involved in a contract. It is common for parties to discuss and negotiate the terms of these clauses to ensure they are fair and reasonable for all parties.

If a common clause is breached, the non-breaching party may have the right to seek legal remedies, such as damages or specific performance. The specific consequences will depend on the nature of the breach and the terms outlined in the contract.

It is always advisable to consult a lawyer before including common clauses in your contract. A lawyer can provide guidance on the specific clauses that should be included, help negotiate favorable terms, and ensure that the contract complies with applicable laws and regulations.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 5th April 2024.

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