Provisione tenus, a Latin term used in law, signifies that something is valid or applicable only to the extent that it is provided for. In other words, if a contract states that a party is responsible for damages provisione tenus, it means they are only liable for damages up to the specified amount in the contract. Any damages exceeding that amount would not be their responsibility. Essentially, provisione tenus serves as a means to restrict or define the scope of something within a legal context.
Provisione tenus is a Latin term used in law to indicate that an agreement or contract is only valid to the extent of the provision stated. If the provision is not fulfiled, the agreement may be deemed null and void. For instance, if a contract includes a provisione tenus clause stating that payment must be made within 30 days of work completion, the contract is only valid if payment is made within that timeframe. Failure to make payment within 30 days may render the contract null and void. Similarly, a lease agreement may include a provisione tenus clause requiring the tenant to maintain the property in good condition. If the tenant fails to do so, the landlord may have the right to terminate the lease agreement.
Provisione Tenus is a Latin term that translates to “by the terms of the agreement.” It refers to a legal principle where the rights and obligations of parties are determined solely based on the provisions stated in a contract or agreement.
Provisione Tenus plays a crucial role in contractual disputes as it establishes the boundaries within which parties must operate. Any rights or obligations not explicitly mentioned in the contract may not be enforceable under Provisione Tenus.
In certain circumstances, other legal principles or statutes may override Provisione Tenus. For example, if a contract violates public policy or involves illegal activities, the court may not enforce it, regardless of the provisions stated.
If a contract does not explicitly include a Provisione Tenus clause, the court will generally interpret the agreement based on the intentions of the parties and the overall context of the contract. However, having a clear Provisione Tenus clause can provide greater certainty and avoid potential disputes.
Provisione Tenus typically does not allow for unilateral modification or amendment of a contract. Any changes to the terms of the agreement usually require mutual consent and formal agreement between the parties.
Provisione Tenus generally favors written agreements over oral agreements. If a contract contains a Provisione Tenus clause, it may be difficult to enforce oral agreements that contradict or modify the written terms.
Provisione Tenus may not provide complete protection against unforeseen circumstances or events. However, parties can include specific provisions in the contract, such as force majeure clauses, to address potential contingencies.
Yes, Provisione Tenus can be used to interpret ambiguous contract language. Courts will often rely on the explicit provisions of the agreement to determine the parties’ intentions and resolve any ambiguities.
Yes, parties can waive or modify the application of Provisione Tenus through mutual agreement. However, such waivers or modifications should be clearly stated in writing to avoid any future disputes.
To ensure proper application of Provisione Tenus, it is advisable to seek legal advice and assistance when drafting or reviewing contracts. An experienced attorney can help ensure that the provisions are clear, comprehensive, and aligned with your specific needs and objectives.
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: 16th April 2024.
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