NOW IT IS HEREBY AGREED…. The specific clauses relating to the overall contract and the commitments of the parties are generally referred to as the terms and conditions. However, translators should be careful not t assume that the two words are synonymous. In technical use, a ‘term’ is any provision of the contract, so that the most important distinction is not between ‘term’ and ‘condition’, but between a fundamental or essential provision (‘condition’) and a more secondary provision )’warranty.’ In this strict sense, a distinction many be made between an express term and an implied term. The primary distinction is a matter of the importance accorded to the individual terms of the contract- i.e. it is a question of content, whereas the secondary distinction is a matter of form, (the contract either expressly includes it or it does not) and any dispute concerning implied terms is resolved by judicial construction of the whole within the appropriate legal and commercial context. Translation of these terms will therefore depend on the overall context, and descriptive adjectives (equivalents of essential, fundamental, explicit, implicit, secondary, conventional and so on) may be required to ensure accuracy.
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