Written Contractual Term
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A Written Contractual Term is a contractual term that specifies a contractual condition, contractual obligation, or contractual right within a contractual agreement that is formally documented in written form.
- AKA: Written Clause, Written Provision.
- Context:
- It can range from being an Enforceable Written Contractual Term, which is legally binding and must be adhered to by all parties, to being an Unenforceable Written Contractual Term, which cannot be legally enforced due to reasons such as vagueness, illegality, or lack of consideration.
- It can range from being a Written Contract Condition Term, which is essential to the contract's core obligations, to being a Written Contract Warranty Term, which is less critical and typically addresses minor aspects of the contract.
- It can include Written Contract Exclusion Terms, which attempt to exclude or limit liability, or Written Contract Inclusion Terms, which explicitly ensure certain liabilities or obligations are covered under the contract.
- It can range from being a Fair Written Contract Term, promoting balance and reasonableness in the parties' rights and obligations, to being an Unfair Written Contract Term, which may create significant imbalances to the detriment of one party.
- It can (typically) be subject to interpretation under the doctrine of contra proferentem when ambiguities arise, especially if the term favors the party who did not draft it.
- It can (typically) support the need for all parties have a clear and mutual understanding of their rights and obligations, and serves as a key reference in resolving disputes.
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- Example(s):
- A Lease Agreement that specifies the monthly rent amount, payment due dates, and conditions regarding the use of the property.
- A Service Contract that outlines specific performance metrics, responsibilities of each party, and penalties for non-compliance.
- An Employment Contract that details job responsibilities, salary, benefits, and termination conditions.
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- Counter-Example(s):
- Oral Contractual Terms, which involve agreements made verbally and not documented in written form.
- Implied Contractual Terms, which are not explicitly documented but inferred from the conduct of the parties or the nature of the agreement.
- Contract Expressions of Goodwill, which are often informal understandings that do not constitute binding contractual terms.
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- See: Contract Enforcement, Statute of Frauds, Contract Interpretation, Documentary Evidence.