CASE HISTORIES: Mario worked for more than 20 years in the construction industry, when he had three different employers. He had learned business when he was little, first worked as a weekend worker and eventually moved up to a managerial level. He was known and highly respected by everyone he worked with. For every job, big or small, he worked hard and did it well, but in the end, he felt that he was not being treated properly or that he was paying his true worth. This time it would be different: this time he would have to become a business owner. 1. Always insist that the words in the agreements be clear to yourself and everyone else. Lawyers sometimes seem to confuse, intimidate and mask a strong desire and an irrepressible tendency. Don`t let it go.
Emphasize words, phrases, and language that are so clear that no one can confuse them. If you have to say to a lawyer, “What does this mean?”, there is at least already the beginning of a problem. I once had a lawyer prepare a will. I told him I didn`t understand what he was writing, and it made me believe that if he died, my children probably wouldn`t understand either. His answer: “You can always call me to explain to them.” I immediately left him and went to see another lawyer who then completed my will in good old “simple English”. When I design contracts, I want a language so simple and clear that a person with a 4th grade education can easily tell you what it means. Why am I doing this? Because a lot of the jury members have pretty much that level of education. And the letter so clearly leaves other lawyers refraining from trying to mis-characterize what is written. f.La prior relationship between the parties to the license agreement, the licensor and the licensee. In addition to the legal implications that may have clauses in the event of a dispute, the contracting parties must also take into account how the contract is exercised by third parties, for example. B investors who examine the founding contract when implementing due diligence in an early-stage company.
So feel free to ignore the “where” and “now, therefore,” but the following words can help you understand why this treaty exists. The clauses do not describe the agreements. they explain what led the parties to conclude the contract, provide general information about their state of mind and can give an overview of the intention of the parties. While “where”, “decree” or “recital” can sometimes be used to interpret the intended meaning of an agreement, it cannot be used to contradict these other terms or create an obligation if none is ever clearly stated. Presentation. The recitals of the Treaties on the European model are often listed with a capital letter (A), (B), (C) etc., or a Roman numbering. Recitals should not be enumeration points. American-style contracts often begin each recital with the word where,. In addition, recitals are generally considered to be enumerations: each recital would end with a semicolon, while the first recital is read as continuing the lead-in (which could be the preamble title `while`). . . .