A legal document’s operative clause is a section that includes a provision that goes beyond a mere statement or introduction. It is the portion of the document that actively enacts or resolves something. For instance, in a resolution, the operative clause is the part that commences with “Resolved, That….” Its significance lies in its legal impact and ability to bring about actions.
The operative clause in a legal document is the section that contains the specific instructions or actions to be taken, distinct from the recital or preamble. The enacting clause of a statute states the legislative authority and effective date, often beginning with “Be it enacted that. . . ” The resolving clause in a resolution introduces the operative text, typically starting with “Resolved, That. . . ” The operative clause provides the specific details and instructions for carrying out the action stated in the resolving clause. In summary, the operative clause is the crucial part of a legal document that outlines the actions to be taken, while the enacting or resolving clause provides the authority or introduction.
An operative clause is a provision or section in a legal document, such as a contract or a statute, that sets out the specific actions, obligations, or rights of the parties involved.
While a preamble provides an introduction or background information to a legal document, an operative clause contains the actual substance and instructions for the parties involved.
In most cases, an operative clause can be modified or removed through mutual agreement between the parties involved. However, it is important to consult with legal professionals to ensure that any modifications comply with applicable laws and do not invalidate the entire document.
If an operative clause is ambiguous or unclear, it may lead to disputes or disagreements between the parties involved. In such cases, courts or arbitrators may interpret the clause based on the intent of the parties, the context of the document, and any relevant legal principles.
Yes, operative clauses are legally binding as long as they meet the requirements of a valid contract or statute. They outline the rights and obligations of the parties involved and can be enforced through legal means if necessary.
Yes, an operative clause can be challenged in court if one party believes that it is invalid, unenforceable, or contrary to applicable laws. The court will evaluate the arguments presented by both parties and make a determination based on the relevant legal principles.
In general, it is advisable to finalize and sign a legal document, including its operative clauses, before it becomes legally binding. However, in certain circumstances, parties may agree to add or amend operative clauses through a separate agreement or an addendum, as long as all parties consent to the changes.
If one party breaches an operative clause, the other party may have legal remedies available, such as seeking damages, specific performance, or termination of the contract. The specific remedies will depend on the nature of the breach and the terms outlined in the operative clause itself.
If an operative clause contradicts other clauses in the same document, it may create ambiguity or confusion. In such cases, courts or arbitrators will interpret the document as a whole, considering the intent of the parties and any applicable legal principles, to determine the enforceability of the operative clause.
No, an operative clause cannot be enforced if it contradicts applicable laws. Any provision that is illegal or against public policy will be deemed unenforceable. It is crucial to ensure that all operative clauses comply with relevant laws and regulations to avoid potential legal issues.
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: 17th April 2024.
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