Acceptance is a term that is widely used in legal texts. Today, we would like to explain how it is used in one of the most common fields: construction. In the construction industry, the process of acceptance is more complex than a single act due to the complexity of projects. The process is divided into two basic steps: 1. Provisional Acceptance Provisional Acceptance is a conditional acceptance which means that the client has accepted the project but performance needs to be verified or confirmed under operational conditions within an...
Liquidated damages is a concept that often results in confusion when used in continental law. This article aims at clarifying the difference between liquidated damages and penalty, and to advise on the correct terminology in situations when a delay or non-performance is penalized under the civil law. Liquidated damages is a common law term which means that the parties agree on a sum to be paid if a party fails to fulfill an obligation. It also means that if the concept of liquidated damages is applied, then the defaulting party must pay...
The word consent is often used incorrectly in legal documents, both as a word and as a noun. This entry aims to provide practical help regarding the use of this word to those who draft various types of legal text in English. 1. Usage of consent as a noun As a noun, “consent” is a notion, usually in the form of a document or expressed orally, in which one gives permission for something to happen or agrees to something to be done. In practice, I perceive it as giving green light to an act to be performed by someone else. It can be...
Recently, my students have asked me about what terms there are to be used when we are talking about decisions made by courts. There are a number of terms and it is extremely important not to confuse them, so I decided to write an article summing up the possibilities to help you decide what to use and when to use it. 1. Decision The most comprehensive term for the decision that a court makes is the term „decision” itself. The decision includes all the formal determinations that a judge or legislator makes in a certain matter. In...
Drafting contracts is an activity that lawyers are engaged in on a daily basis. Writing correct and accurate contracts is of utmost importance, as one mistake in a contract can lead to serious consequences. To avoid this, we have gathered 5 tips in this article to help you master your contract drafting skills and thus produce agreements that comply with the highest demands in terms of quality. 1. Conciseness The Civil Code of California introduced a “maxim” stating that "superfluity does not vitiate". It is a reference to what we are...
The last EULETA conference was held in Warwick, England. We spent two days together actively conferring and networking in an intensive environment. The programme was held partly in plenary sessions, partly in sections where a choice of two options was provided. The presentations were focused mainly on training methodology and materials, as well as sharing experiences; new publications were also presented. My presentation took place on Saturday, after lunchtime. The subject was the use of internet-based materials. I had worked on a database of...
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