Absolute Position-Favoring Contract Sentence
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A Absolute Position-Favoring Contract Sentence is a position-favoring contract sentence that unequivocally and without condition favors the interests of one party over another within a contract agreement document.
- Context:
- It can (typically) impose Single-Party Obligations that are non-negotiable and significantly benefit one party at the expense of the other.
- It can (often) grant Single-Party Rights that are exclusive and absolute, offering substantial advantages to one party without corresponding benefits or protections for the other.
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- Example(s):
- "Notwithstanding any provision to the contrary, the service provider shall have the sole and absolute discretion to modify the terms of service without prior notice or consent from the customer.", which places unilateral decision-making power with the service provider.
- "The landlord shall be responsible for all repairs and maintenance of the property to ensure it remains in a habitable state, as required by law.", which explicitly places the typical responsibility of repairs and maintenance on the landlord, aligning with standard expectations in tenant-landlord agreements.
- "Tenant agrees to look solely to landlord's interest in the property for the recovery of any judgment against landlord; landlord shall not be personally liable for any such judgment or deficiency after execution thereon."
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- Counter-Example(s):
- A Relative Position-Favoring Contract Sentence, which implies some level of conditionality or context that might lessen the degree of favoring under certain circumstances.
- A Mildly Position-Favoring Contract Sentence, which suggests a more subtle or balanced approach to favoring one party's interests over the other.
- A Dynamic Position-Favoring Contract Sentence, where the favoring of a party's position may vary under different circumstances or stages of the agreement.
- See: Position-Favoring Contract Sentence, Contract Negotiation, Contract Review Task, Single-Party Obligation, Single-Party Rights, Neutral-Position Contract Sentence.