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And/or, however, is not ambiguous at all. It has a definite, agreed-upon meaning: when used properly, the construct signi- fies A or B or both. In most areas of law, there is simply no compelling reason to avoid using and/or. The term is clear and concise.
When to use and or in contract?
It has a definite, agreed-upon meaning: when used properly, the construct means A or B or both. In most areas of law, there simply is no compelling reason to avoid using and/or. The term is clear and concise. It derives criticism mainly from the inability of people to use it correctly.
What are the main types of contracts?
The basic elements required for the agreement to be a legally enforceable contract are: mutual assent , expressed by a valid offer and acceptance ; adequate consideration ; capacity ; and legality .
What is the difference between and and or in law?
In most cases, using and/or creates a patent ambiguity, but it is often helpful to apply the meaning to an example to illustrate the different meanings. The word and is conjunctive, meaning it combines things. Conversely, the word or is disjunctive, meaning it separates things.
What are the 4 types of contracts?
10 Different Types of Contracts Type of ContractEveryday Use Implied Contracts Common in everyday transactions like dining out. Express Contracts Standard in formal business agreements. Simple Contracts Used for straightforward services or transactions. Unconscionable Contracts Often challenged in court for fairness.10 more rows Jul 18, 2024
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There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.
What are the 4 valid contracts?
General features. Justinian identifies four types of real contract contracts in re (in a thing) mutuum, commodatum, depositum and pignus. Common to all four was an agreement, and the delivery of a res corporalis. They are in contrast to consensual and inominate contracts.
Related links
Oregon Transparency : State Contracts
This page provides access to Oregon contract data and information, for current and expired contracts; procurement and ORPIN access information; and other
A contract or an agreement involves a promise, or set of promises, for which the performance is recognized as a legal obligation. The contract contains a
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