Contract Guard

Understand key legal terms and phrases used in contracts and compliance.

Arbitration

Dispute Resolution

A dispute resolution process where a neutral third party makes a binding decision.

Example: Many contracts require arbitration instead of court litigation.

At-Will Employment

Employment Law

Employment that can be terminated by either party at any time, with or without cause.

Example:  Most U.S. states follow at-will employment, but some exceptions apply.

Breach of Contract

Contract Terms

Failure to perform any term of a contract without a legitimate legal excuse.

Example: Not delivering goods by the agreed deadline constitutes a breach of contract.

Consideration

Contract Terms

Something of value exchanged between parties to make a contract legally binding.

Example: Money, goods, services, or promises can serve as consideration.

Due Diligence

Trending

Business Law

A comprehensive investigation or audit of a business or investment opportunity.

Example: Buyers conduct due diligence before acquiring a company to assess risks.

Easement

Real Estate

A legal right to use another person’s property for a specific purpose.

Example: A utility company may have an easement to run power lines across private land.

Escrow

Real Estate

A financial arrangement where a third party holds funds or documents until specific conditions are met.

Example: Buyer’s deposit is held in escrow until the home sale is completed.

Force Majeure

Trending

Contract Terms

Unforeseeable circumstances that prevent a party from fulfilling a contract.

Example: Natural disasters, wars, or pandemics may trigger force majeure clauses.

Indemnification

Dispute Resolution

A contractual obligation where one party agrees to compensate another for certain damages or losses.

Example: A vendor may indemnify a client against third-party lawsuits.

Intellectual Property

Intellectual Property

Creations of the mind, such as inventions, artistic works, and symbols, protected by law.

Example: Patents, trademarks, and copyrights are types of intellectual property.

Liability

Business Law

Legal responsibility for damages, debts, or obligations resulting from one’s actions or omissions.

Example: A company may face liability for defective products that cause injuries.

Liquidated Damages

Contract Terms

A predetermined amount of money specified in a contract to be paid if certain breaches occur.

Example: A $1,000 penalty for each day a project is delayed beyond the deadline.

Mediation

Dispute Resolution

A voluntary dispute resolution process where a neutral facilitator helps parties reach agreement.

Example: Divorcing couples often use mediation to resolve custody and property issues.

Non-Compete Clause

Trending

Employment Law

A contract provision that prevents an employee from working for competitors for a specified period.

Example: A software engineer may be restricted from joining competitors for 12 months.

Non-Disclosure Agreement (NDA)

New

Intellectual Property

A legal contract that prevents parties from sharing confidential information with third parties.

Example: Employees often sign NDAs to protect company trade secrets.

Power of Attorney

Legal Documents

A legal document authorizing someone to act on another person’s behalf in legal or financial matters.

Example: A durable power of attorney remains valid even if the principal becomes incapacitated.

Severance Package

Employment Law

Compensation and benefits provided to employees when their employment is terminated.

Example: Two weeks of pay plus health insurance continuation for three months.

Statute of Limitations

Legal Procedures

A law that sets the maximum time period for initiating legal proceedings.

Example: Personal injury claims typically must be filed within 2-3 years of the incident.

Title Insurance

Real Estate

Insurance that protects property buyers and lenders against financial loss from title defects.

Example:  Title insurance covers issues like undisclosed liens or ownership disputes.

Trade Secret

Intellectual Property

Confidential business information that provides a competitive advantage.

Example: Coca-Cola’s formula is one of the world’s most famous trade secrets.

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