Single-Instance Intra-Contract Rule
A Single-Instance Intra-Contract Rule is an intra-contract content rule that applies to a specific clause or section within a contract to address a particular issue or legal requirement.
- Context:
- It can ensure that specific elements or clauses appear only once within a contract.
- It can prevent redundancy and potential contradictions by limiting the occurrence of certain contract components.
- It can be applied to critical contract elements such as jurisdiction clauses, arbitration provisions, or liability caps.
- It can help maintain clarity and reduce the risk of conflicting interpretations within the contract.
- It can be used as part of a broader contract quality assurance process.
- It can facilitate easier contract review and interpretation by ensuring key provisions are not scattered throughout the document.
- It can focus on a single clause to ensure its compliance with legal standards or organizational policies.
- It can be designed to address a specific risk or obligation identified within a particular section of the contract.
- It can provide clear directives for modifying or validating the content of a specific clause to enhance clarity or enforceability.
- It can be utilized during contract drafting or review processes to ensure that critical clauses meet predefined criteria.
- It can serve as a guideline for legal professionals to assess the adequacy of individual contract provisions.
- It can be part of a broader contract management framework aimed at standardizing key contractual elements.
- It can be used to create contract compliance systems that support contract consistency verification tasks.
- It can be tailored to specific contract types or industries, focusing on clauses pertinent to those contexts.
- It can be updated in response to changes in laws or regulations affecting the specific clause it governs.
- It can be documented within contract templates to ensure consistent application across similar agreements.
- It can involve collaboration between legal and compliance teams to define the rule's parameters and enforcement mechanisms.
- ...
- Example(s):
- Confidentiality Clause Specification Rule, e.g.:
"IF a confidentiality clause is present BUT does not specify a duration THEN add a statement specifying the duration as 'five years post-termination' within that clause."
- Indemnification Clause Review Rule, e.g.:
"IF an indemnification clause is included THEN ensure it clearly defines the scope of indemnity and the parties involved."
- Governing Law Clause Inclusion Rule, e.g. :
"IF the contract lacks a governing law clause THEN insert a clause specifying the jurisdiction under which the contract will be interpreted."
- Payment Terms Clarification Rule, e.g. :
"IF a payment terms clause is present THEN verify that it outlines the payment schedule, method, and consequences of late payment."
- ...
- Confidentiality Clause Specification Rule, e.g.:
- Counter-Example(s):
- Repetitive Clause Allowance Rule, which permits multiple instances of certain clauses for emphasis or clarity.
- Multi-Instance Contract Element Policy, which allows specific elements to appear multiple times in a contract.
- Multi-Clause Intra-Contract Rule, which applies to multiple clauses within a contract to address broader issues or requirements.
- Extra-Contract Rule, which pertains to elements outside the specific contract's content, such as external agreements or policies.
- See: Intra-Contract Content-Rule Issue Spotting Task, Contract Consistency Check, Legal Compliance Intra-Contract Check, Contract Risk Management System, Jurisdiction Clause Validation System, Contract Legal Compliance System, Arbitration Provision Uniqueness Checker, Contract Dispute Resolution Consistency System, Liability Cap Singularity Verification Tool, Contract Risk Management System.
References
2025a
- (ChatGPT, 2025) ⇒ User prompt:"Summarize in 1 - 2 paragraphs the concept Single-Instance Intra-Contract Rule...". GM-RKB Wikifier (ChatGPT Assistant). Retrieved: 2025-01-26.
- QUOTE: The concept of a Single-Instance Intra-Contract Rule pertains to the establishment of a specific guideline or principle within a single contract that governs interactions, obligations, or processes across all instances of its application. This type of rule ensures that within a single contractual agreement, the same interpretation or action is consistently applied whenever the rule is triggered. It is commonly used to promote uniformity and to avoid ambiguity or discrepancy in how the contract is enforced.
Such a rule is typically designed to simplify contract management by standardizing the treatment of specific scenarios or obligations. It may include provisions that clarify how certain terms should be executed or provide guidance on handling recurring issues within the scope of the agreement. This approach is particularly valuable in complex contracts involving multi-step processes or cross-functional interactions, ensuring that parties to the contract adhere to a shared understanding.
- QUOTE: The concept of a Single-Instance Intra-Contract Rule pertains to the establishment of a specific guideline or principle within a single contract that governs interactions, obligations, or processes across all instances of its application. This type of rule ensures that within a single contractual agreement, the same interpretation or action is consistently applied whenever the rule is triggered. It is commonly used to promote uniformity and to avoid ambiguity or discrepancy in how the contract is enforced.
2025b
- (Perplexity.ai, 2025) ⇒ User promt: Summarize in 1 - 2 paragraphs the concept Single-Instance Intra-Contract Rule.... Retrieved: 2025-01-26.
- QUOTE: The "Single-Instance Intra-Contract Rule" is a legal principle related to the incorporation of arbitration clauses in contracts. According to this rule, when parties enter into a single contract that references standard terms and conditions, including an arbitration provision, the entire set of terms, including the arbitration clause, is considered incorporated into the main agreement. This is in contrast to two-contract cases, where a general reference to another contract does not automatically incorporate its arbitration agreement unless specifically mentioned.
The rule emphasizes the importance of contract interpretation and the intention of the parties in determining whether an arbitration clause from referenced documents applies to the main contract. It suggests that in single-contract scenarios, where standard terms are explicitly mentioned as part of the agreement, courts are more likely to consider the arbitration provision as binding on the parties, even without a specific reference to the arbitration clause itself.
- Sources:
- (1) https://ir.law.fsu.edu/cgi/viewcontent.cgi?article=1211&context=lr
- (2) https://main.sci.gov.in/supremecourt/2021/12747/12747_2021_3_1501_51567_Judgement_19-Mar-2024.pdf 2024 INSC 218].
- (3) https://www.cba.org/cba/cle/PDF/constr10_swick_paper.pdf
- (4) https://weagree.com/clm/contracts/contract-law-explained/incoterms/
- (5) https://www.isda.org/a/23iME/Legal-Guidelines-for-Smart-Derivatives-Contracts-ISDA-Master-Agreement.pdf
- (6) https://www.lawsonlundell.com/assets/htmldocuments/2017%20Contract%20Law%20Update.pdf
- (7) https://www.isda.org/a/CLXTE/ISDA-Legal-Guidelines-for-Smart-Derivatives-Contracts-Equities.pdf
- (8) https://brill.com/edcollchap-oa/book/9789004514850/BP000026.xml?language=en
- (9) https://fidic.org/sites/default/files/ICLR%20Article_The%20New%20FIDIC%20Suite%202017_October%202018%20%5B2018%5D%20ICLR%20384.pdf)
- QUOTE: The "Single-Instance Intra-Contract Rule" is a legal principle related to the incorporation of arbitration clauses in contracts. According to this rule, when parties enter into a single contract that references standard terms and conditions, including an arbitration provision, the entire set of terms, including the arbitration clause, is considered incorporated into the main agreement. This is in contrast to two-contract cases, where a general reference to another contract does not automatically incorporate its arbitration agreement unless specifically mentioned.
2024
- (Melli, 2024) ⇒ Gabor Melli. (2024). "Intra-Contract Content-Rule Issue Spotting Task". In: GM-RKB.