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Help, Understand this clause.
Hi Ladies,
Could you help us understand this please?
"Nothing contained shall be construed to preclude any party from making a disposition in favor of the other."
Does this mean
1) Party A can make a decision in favor of (a good decision for) party B
2) Party A can make any decision for party B
3) Party A can not make any decision for party B
I know it seems simple but we got different interpretation on it.
TIA! WR
Re: Help, Understand this clause.
This is a contract between a friend and her business partner. It is in regards to their shares as what rights they have for each others shares or their own shares.
Yes, but it seem like there is a word missing. Nothing contained _________ shall be construed blah blah. Without a word there, it's not referring to anything.
Probably should say "herein". Do you have an attorney? Who wrote this contract? You should ask that person to clarify that sentence, it doesn't make sense as is.
Thanks Mrs. Kocal!
Her attorney wrote it. She didn't understand it and asked me and I didn't understand it either though I am not the best person when it comes to legal documents. So I relay the info to her to have her attorney update the doc.
Once, the word "Herein" is added, what does it mean?
Again, your help is greatly appreciated!
WR
**DISCLAIMER - The information below shall not be considered legal advice, but merely my own personal opinion. I have not been retained to render legal advice.**
This (or something to this effect, depending on the type of contract) is a typical contract provision. Without knowing what the rest of the contract says, this clause is only saying that - whatever the contract IS saying - it is NOT saying anything relating to who can make a disposition to who. So, regardless of what is in the contract, any party can still give anything they want (money, property? whatever the contract is about) to the other party.