Contract Article Section
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A Contract Article Section is a contract section (in a contract document) that contains contractual terms and starts with a contract article identifier.
- Context:
- It can (typically) contain related Contractual Clauses (that pertain to the same subject).
- It can (typically) contain related Contractual Provisions, which specify specific obligations, rights, or conditions.
- It can (often) be numbered and labeled for easy reference within the contract document.
- ...
- It can outline the key terms and structure of a contract, providing a logical framework for the organization of contractual language.
- It can range from a brief summary of basic terms (e.g., a Preamble) to complex structures detailing legal obligations.
- It can contain Contract Sub-Articles (allowing further breakdown and organization of complex matters).
- It can be used to structure complex agreements, ensuring each section is dedicated to a specific topic such as Termination Terms, Payment Conditions, or Dispute Resolution.
- It can vary based on Jurisdictional Requirements or industry standards.
- It can have cross-references to other articles within the same document to ensure consistency and completeness.
- It can include conditional language, linking different sections based on specific triggers or conditions.
- It can be divided into distinct parts, such as General Terms and Specific Obligations.
- It can establish overarching principles and guide the interpretation of individual contractual clauses.
- It can include Explanatory Notes to clarify the intent of particular terms or definitions.
- …
- Example(s):
- General Contract Agreement Articles, such as:
- Contract Termination Article with contract termination clauses, representing the conditions under which the contract may be terminated, often including specific procedures and consequences.
- Contract Dispute Resolution Article with dispute resolution clauses, outlining methods for resolving disputes, including arbitration or legal proceedings.
- Contract Governing Law Article with governing law clauses, specifying the legal jurisdiction that governs the contract terms.
- Contract Indemnification Article with indemnification clauses, describing the circumstances under which one party must compensate the other for losses or damages.
- Contract Liability Article with liability clauses, defining the extent of liability each party holds in the event of breach, negligence, or other incidents.
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- a Contract Type-Specific Article, tailored to particular types of contracts, such as:
- Intellectual Property Assignment Article with intellectual property assignment clauses, commonly included in employment contracts to assign rights of creations to the employer.
- Data Protection and Privacy Article with data protection clauses, often part of service contracts to ensure compliance with data protection laws and secure handling of personal data.
- Exclusivity and Non-compete Article with non-compete clauses, typically found in distribution contracts to restrict competing activities.
- Escrow Agreement Article with escrow clauses, included in software licensing contracts for securing software source code in escrow.
- Confidentiality Agreement Article with confidentiality clauses, ensuring that shared sensitive information is kept private and secure.
- Force Majeure Article with force majeure clauses, specifying circumstances under which contractual obligations may be suspended or modified due to unforeseeable events.
- ...
- General Contract Agreement Articles, such as:
- Counter-Example(s):
- Legal Contract Clauses (often within an article section).
- Contract Exhibit or Contract Appendix, which serves as supplementary material rather than a core contract article.
- Standalone Contract Provision that are not grouped into article structures.
- See: Contractual Term, Legal Clause Identifier, Contract Sub-Article, Contract Document Structure.
References
2023
- Bing chat What is an "article" in a contract agreement? (as opposed to a clause or a provision)
- An article is a major division of a contract or agreement that usually contains several clauses or provisions related to a specific topic. For example, an article may deal with the scope of work, the payment terms, the termination rights, or the dispute resolution process. A clause or a provision is a smaller unit of a contract or agreement that expresses a single idea or condition. For example, a clause may specify the amount of liquidated damages, the confidentiality obligations, or the governing law. A clause may be part of an article, or it may stand alone as a separate section. The terms article, clause, and provision are not used consistently in legal writing, and different documents may use different terms for the same concept. However, the meaning and effect of a contract or agreement does not depend on the labels used, but on the substance and intent of the parties. ¹²
- Source: Conversation with Bing, 11/7/2023
- contract law - What's the difference between a clause, provision .... https://law.stackexchange.com/questions/6324/whats-the-difference-between-a-clause-provision-condition-and-term.
- In a contract/an agreement, is there a difference between clause .... https://law.stackexchange.com/questions/73357/in-a-contract-an-agreement-is-there-a-difference-between-clause-article-and-se.
- Contract Clause - Wikipedia. https://en.wikipedia.org/wiki/Contract_Clause.
- Contract Clause | U.S. Constitution Annotated | US Law | LII / Legal .... https://www.law.cornell.edu/constitution-conan/article-1/section-10/clause-1/contract-clause.
- Contract Clause: What Is It? Examples - Contract Lawyers. https://www.contractscounsel.com/b/contract-clause.
2021
- https://www.lawinsider.com/dictionary/legal-contract-article
- QUOTE: A Legal Contract Article is a fundamental building block of legal contracts. It typically comprises a series of related clauses or provisions that are grouped together to facilitate the organization of the contract. By arranging clauses into articles, parties can quickly navigate the document and understand its hierarchical structure.