What Does Nor Mean in Legal Terms

When writers write in this flowery way, I think they`re trying to adopt a high register that they think matches the importance of legal documents. In other words, I see this as a symptom of a fundamentally flawed design philosophy. Change the philosophy, and such a design will naturally disappear. But as long as someone has that mindset, that kind of wording will seem appropriate. Of course, I immediately searched for it on EDGAR. It is widely used. So what are we to make of this? As part of their assignments, my Notre Dame Law School students analyzed verb structures in the SOW Terms and Conditions Agreement, which is part of Cisco`s Advanced Services Statement of Work. Of course, I had to do my own analysis. One thing that caught my attention was the use of nor in the following: You can respond to a negative statement with nor. They do this to show that what has just been said also applies to another person or thing. You cannot use one or the other in the same way with the same meaning. In no event will the Landlord be liable to the Tenant for the Landlord`s failure or inability to provide any utilities or services to be provided by the Landlord under this Agreement, or for any such failure or inability [read].

No such omission or incapacity can be considered as an actual or implied eviction of the tenant from the premises. n.1) Information, usually in writing in all legal proceedings, about all documents, decisions, applications, motions, petitions and upcoming dates submitted. Notice is an essential principle of fairness and due process in legal proceedings and must be communicated to both parties, all parties involved in a dispute or legal proceeding, opposing counsel and the court. In short, neither a party nor the court can act in secret, make private advances or conceal acts. Service of an application or application for a court order begins with personal service of the complaint or application on the defendants (service of notice on the person) accompanied by a summons or order to appear in court (or to file a response). If a party is subsequently represented by a lawyer, this can usually be communicated to the lawyer by mail. If there is an ex parte hearing (an emergency meeting with a judge at which only the requesting party or his or her lawyer is present), the party requesting the hearing should make every effort to inform the other party. A court may authorize an «implied» notice of a subpoena to appear in litigation by publication in an accredited law journal.

Examples: In divorce proceedings, publication is an implied notification of a spouse who is known to have left the state or who is in hiding to escape service; In a silent trial, notice is given by publication to warn unknown descendants of a deceased person who may have had an interest in the disputed property. The register of deeds, mortgages, receivers, easements, leases and other documents relating to title to ownership gives the public a «constructive» notice and therefore a «constructive» notice to anyone interested in the property without notifying individuals. 2) a letter informing a party to a contract, promissory note, lease or other legal relationship of non-payment, default, intent to perform, solicitation of rent payment or termination (vacation) or any other notice required by the agreement, mortgage, trust deed or articles of association. 3) Information. and (4) to be informed of a fact or should have known because of the circumstances, because «he noticed that the roof was not waterproof». I also note neither approval nor disapproval that you allow many passive (i.e. technically non-passive) constructs, such as «other than expressly approved by the disclosing party» (vs. «other than the expressly approved disclosing party») and «nothing contained in this agreement» (vs. «nothing that contains this agreement»). This matches your mild antipassive posture at MSCD. Ken Adams is the main authority when it comes to clearly stating everything you want to say in a contract. He is the author of A Manual of Style for Contract Drafting and offers online and classroom training worldwide.

He is also Chief Content Officer of LegalSifter, Inc., a company that combines artificial intelligence and expertise to help review contracts. The receiving party shall at all times keep all such Confidential Information in trust and confidential and shall not use such Confidential Information, except as expressly authorized by the disclosing party in accordance with the Statement of Work, and the receiving party shall not disclose such Confidential Information to any third party without the disclosing party`s written consent. I have experienced many sandstorms in Takla-makan and the Lob-nor Desert, but not as severe as this one. He also gave me a lot of valuable information about the country around Nam-tso or Tengri-nor, where he was born. We are presented one by one to the Palestinian, the assimilator and the neither-here-nor-there. You can see how problematic this clause is, which I have encountered several times today: «Nothing can be done against [Acme] in [certain circumstances]. I think the same problem exists when «an action is not against…» » was used. However, it is the construction «no action should lie» that I seem to encounter. I totally agree with getting rid of the construction «should yet». However, I tend to take a different approach to your rewording of the article. As you put it: «Part A must not (1) X or (2) Y.» To avoid the question of whether the «or» is an «or exclusive», I would rephrase it as follows: «Part A (1) must not be X and (2) must not be Y. No holder of a certificate of rights as such shall be entitled to vote, to receive dividends or to be deemed to be the holder of the preferred shares of the Corporation or other securities which may be issued at any time in the exercise of the rights represented therein, nor shall he read anything in this Agreement or in any certificate of rights.

Nothing in this Agreement or in a Certificate of Rights shall be construed as transferring any of the rights to the holder of a Certificate of Rights as such. Hmmm. I think I passed the quiz. I`m afraid of this chapter. I am even more afraid to apply it. This is clearly the most difficult material in the entire book. Middle English, contraction of nother nnor ni, nother, pronouns & adjectives, ni â anymore at ni with nor use to make a negative statement about two persons or things. Britannica English: Translation of nor for Arabic speakers I usually see «nor» as a sign to look for a sentence that is simply too long or needs to be interrupted by bulleted lists, as you did. The only exception is when I have a structure of «should not . nor as equivalent to «cannot. And it shouldn`t.

Do you see a difference between the two? The very useful test of the phrase «has a duty to» (for «shall») points out that «should not» is probably the most problematic use of «should» in my view. Abnormal, ab-nor′mal, adj. not normal or according to the rule: irregular – also abnor′mous. With regard to your question, I am sorry to have to draw your attention to the dreaded chapter: see 11.47. So here`s my version of the snippet above, keeping in mind that I haven`t tried to fix the remaining issues: One of your fixes contains «here». Is this a justified use of «here» or a case of tacit warning that, when you make a correction, you are only correcting the error under discussion, not all the errors in the «corrected» passage? On the one hand, it is harmless. According to Garner`s modern American usage: «Yet, like none of them, it is permissible to begin a sentence. It must follow either an explicit negative or a negative idea in its sense. I disagree with one aspect of Garner`s analysis: in contracts, neither, preceded by a comma, is invariably used to continue a sentence. Ahem: I tried to make it clear that I don`t touch anything else in the samples. That would have detracted from what I was trying to say. I don`t see any negative discussion about the use of «can`t» in messages or in section 3 of the MODC.

The rights conferred on a shareholder under this Section 8.4 shall not affect any other rights to which such shareholder is legally entitled, and shall not read anything herein. Nothing herein limits the right of the Trust or any series or class thereof to indemnify or indemnify any shareholder in any reasonable situation, even if not expressly provided herein. By the way, I learned «shouldn`t. Always «to be an inappropriate Englishman (back when we were still writing on clay tablets). I have no idea if this is the case, but Garner`s modern legal usage prefers «should not. or» to «cannot. Not yet. In most of his examples, this works well, but I`m worried that a writer will lose the effect of the «or» during the negotiation, so I prefer one of my options above to «shouldn`t.» or. Also, I don`t have to think too much about the disjunctive, which would force me to reread an entire chapter of MSCD.

In relation to or in this context, see how Vinny straightened me out. But if you want to express the prohibition, then it would be clearer, rather than repeating the prohibition expressed earlier in the sentence, using a cumbersome structure that puts the auxiliary word (should) before the subject and the main verb.