As usual, I am not interested in who had the best argument. Instead, all that`s relevant is that some authors thought it would be a good idea to use here. As we have seen, the use of a word other than this in the language of performance (as discussed in this post) leads to confusion. This license and the rights granted hereunder will automatically terminate if you breach the terms of this license. Search the dictionary of legal abbreviations and acronyms for the legal acronyms and/or abbreviations it contains. As a fan of “under” instead of many other wordy expressions such as “by operation of” and “in accordance with”, I was initially alarmed by the fact that “under” was lexically ambiguous in a way I had missed, but the ambiguity seems to occur only in “hereunder”, never in “under [this] section 1.2”, “under this Agreement”, “under the Framework Agreement”, etc. If the insured`s main activity is not excluded, the exclusions listed in paragraph B do not apply if these operations or risks are related to the insured`s main activity. In my recent article on sources of uncertain significance in contracts (here), I discuss the “ambiguity of contractual reference”. This includes struggles over the meaning of below, here, and others.

Both have the same method of reasoning, and many parallels are given underneath. In the present case, it would make no sense to mean `exclusions under Article II(1)(B)` than `exclusions under Article II(1)(B)`. The reckless author argues that it was “judicially revised” to signify this and not “all exclusions under the contract”. Some of the coats of arms mentioned here are typical and terrible examples of modern coats of arms. In the other controversies I have written about (here and here), it has been disputed whether it was the entire contract or a smaller part containing the provision in question. In contrast, in this case, the arbitration panel decided that the -under is understood below not with effect from, but with below. Consequently, they decided that this did not concern the part of the contract containing the provision at issue, but another part as a whole. Interesting. The arbitration panel in the dispute found that this contract did not cover the entire reinsurance treaty, but both articles of the provision in question. The insurance company that was wrongly involved in that decision sought to have the decision set aside; The court rejected the insurance company`s claim. (2013, 02).

legaldictionary.lawin.orgAccessed January 10, 2022 by legaldictionary.lawin.org/hereunder/ Ownership is granted under the conditions set out below. “Below.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/hereunder. Retrieved 14 January 2022. If the definition below says, no one should tear like pennies. Among these, we have our names in Cape Codd on the 11th. The belt and suspender impulse leads to a rapid anti-definition: “In this agreement, `under` never means `below`. Like 93% – my preferred percentage for false statistics (see this post) – of all the people who were asked to think about confusing contract language, the arbitrators in this dispute probably had no discernible references in terms of semantic sharpness. When it comes to fights for things like that, roll the dice. Dictionary definitions, “below” (legaldictionary.lawin.org 2013) Joined October 11, 2022 It is fitting, therefore, that through this article by Larry P. Schiffer on the Insurance and Reinsurance Disputes Blog (my thanks to @zhadu for the advice), we learn of another dispute related to this issue. [Updated December 22, 2021: The blog post is gone; the case is Yosemite Insurance Co. v.

Nationwide Mutual Insurance Co., No. 16 CIV. 5290 (PAE), 2016 WL 6684246 (N.D.N.Y. November 10, 2016).] He came before the United States. District Court for the Southern District of New York. I`ll let you read Larry`s post to get an overview. If you are a glutton for punishment, you can read the opinion here. I limit myself to the minimum. It was a reinsurance treaty.

Here is the corresponding provision: 02 2013. 10 2022 Nglish: Translation of this agreement for Spanish speakers Rank is not taken into account in the applications filed here. As for “hereinafter” in the language of the Service, such as “Widgetco hereby grants a license to Acme”, it is different from other words “herein”. This is not a contractual reference, but a signal that the following is actually a performance language and not a statement about Widgetco`s usual behavior. – Wright As usual, there is a stupid and clever way to read treaty interpretation cases. What motivated you to look it up in this dictionary? Please let us know where you read it (including the quote, if possible). We should be grateful for decisions like this (i.e. the arbitration panel decision; the hands of the court were largely tied under the Arbitration Act). This is reminiscent of Mark Twain`s (or someone else`s) saying that the best way to get rid of a bad law is to enforce it rigorously.

The best way to get rid of misuse is to apply them without thinking. This article herein has been published under the terms of a Creative Commons Attribution 3.0 (CC BY 3.0) license, which permits unrestricted use and reproduction, provided that the author(s) of the entry below and the Lawi platform are credited as the source of the entry below. Please note that this CC BY license applies to certain textual content herein and that certain images and other textual or non-textual elements may be covered by special copyright regulations. Instructions on how to cite below (including attribution under the CC BY license) can be found below in our “Cite this entry” recommendation. Your email address will not be published. Required fields are marked with a * It refers to the terms and guidelines of the documents. The wise author notes and remembers, not only in this case, but in general, how the parties and the court express the various meanings for which one is fighting. The wording might one day be useful. Supported by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary.

After two days of moaning, I thought about the article again and have the following additional comments: Browse or search below in the American Encyclopedia of Law, Asian Encyclopedia of Law, European Encyclopedia of Law, UK Encyclopedia of Law or Latin American and Spanish Encyclopedia of Law. You might be interested in the historical significance of this term. Browse or search under Historical Law in the Encyclopedia of Law.