Legal Use of Extent

MSCD 17.16 deals with the theorem to the extent that. He simply points out that, although it is appropriate to the extent that it is appropriate when the degree of application of a provision depends on a variable, drafters often use it to the extent that it would be more appropriate. Here are three examples: Do you see any value in the sentence from the point of view of the practice of opinion? In addition to indicating to parties which provisions might be of questionable applicability, the phrase «to the extent permitted by law» could help lawyers by reducing opinion-seeking, negotiation, or adaptation to unusual or controversial provisions. Perhaps a more fundamental function of the measure permitted by law is simply to signal that the parties recognize that certain legal restrictions may apply in this context. I think the sentence is useful for things like the compensation provisions. Generally, these provisions explicitly state when a party is entitled to a payment under an indemnity agreement. If any of these cases were to be considered illegal, it could result in the nullity of the entire provision. The inclusion of the qualifier «to the fullest extent permitted by law» seems to avoid this result. Another word that drives me to the wall is «full» – as in: «Violators will be prosecuted to the full extent of the law.» Gustav: I would have thought that a divisibility provision would have made more sense. On the one hand, a severability provision would apply to all provisions whose enforceability is uncertain; There would be no need to repeat the concept in every provision.

Also, «to the extent permitted by law,» it does not specify what happens if something is not authorized. While I`m at it, it makes no sense to add the most complete or complete variant since: the law, on the other hand, is decisive. The extension is defined. You can prosecute someone to the full extent of the law. The «complete» superlative form is not required. To the extent that the Company`s foregoing obligation is unenforceable for any reason, the Company shall make the maximum contribution to the payment and satisfaction of each of the indemnified liabilities permitted by applicable law. or (z) to the extent to, but only to the extent that any loss, claim, damage or liability is due to a breach by a purchasing party of any of the representations, warranties, representations or agreements made by such purchasing party in this Agreement or in the other transaction documents. The Company may, to the extent permitted by law, deduct such tax liabilities from any payment of any kind otherwise due to a participant. To seek refuge among the dead is death itself, and it is only to take the full risk of life. – Rabindranath Tagore This is not to say that «the most complete» is always superfluous. For example, failure to notify the Company does not relieve the Company of any obligation it may be required to indemnify under this Agreement or otherwise, unless, and only to the extent that such failure or delay actually and materially affects the Company. Well, I think daily refers to every day, but on a daily basis, habit and commitment imply to the full extent of the word But that`s not what motivated this blog post.

Instead, I repeated this (and to the extent more the adjective, as in the extent allowed) because a participant in one of my Geneva seminars «Drafting clearer contracts» asked me for a variant, if and to the extent that. This sentence unnecessarily combines the two conjunctions. Instead, if or to the extent that, but not both, use: The provisions of this Agreement are severable and if any part of them is determined to be illegal or unenforceable, the remaining provisions of this Agreement will remain in full force and effect to the fullest extent possible in accordance with applicable law. I agree with Philip that «comprehensive» is sufficient when talking about the scope of the act. It is reasonable, prudent and necessary for the Corporation to contractually agree to indemnify its directors and officers to the fullest extent permitted by law and to advance expenses on behalf of its officers so that they may serve or continue to serve the Corporation, without unreasonable fear that they will not be so remunerated; All refunds and benefits in kind provided under this Agreement shall be made or provided in accordance with the requirements of Section 409A to the extent that such reimbursements or benefits in kind are subject to Section 409A. Could someone tell me how the «fullest» scope of the act is greater than the «complete» scope of the act? Meanwhile, the phrase «the full scope of the act» has taken on the character of a cliché. It`s annoyingly inaccurate, but it probably won`t go away. I was wondering if the law, as it is argued, is determined and if its «scope» is really fixed. Doesn`t the extent to which the law can be applied (e.g. for processions) also depend on external factors? As I am in the middle of a working day, I can only give brief (and unfortunately superficial) examples of such external factors – but these can be, for example, the health, status, wealth, education, etc.

– of the persecutor or accused, which can be the political state (in politically sensitive situations), the public interests (and how they can be manipulated). And so on. Therefore, I believe that while these meanings were probably not in the minds of those who use «the full scope of the law,» it may not be such bad wording after all. One can even consider «the widest possible scope of the law», because the law can have different faces and aspects ?. To the extent that a communication provided hereunder constitutes or contains material, non-public information about the Company or any of its subsidiaries, the Company shall simultaneously file such communication with the Commission pursuant to a recent report on Form 8-K. provided, however, that, if permitted by applicable law, the Company may nevertheless pay compensation in such a case if and only to the extent decided by the court considering the case. A sub-element is the phrase «to the extent», which makes sense in situations where partial performance or application is possible. Otherwise, «where» is more appropriate. Aside from the issues raised by Ken, it makes sense to say that one party can burn excess materials to the extent permitted by law, as it may be legal to burn some materials but not others.

However, I think we would waive a jury trial, «where» the law allows it (if at all). Sometimes «to the extent» a pompous way is used to say «if», which should also be avoided. Consideration of commitment language: To the extent permitted by law, Acme will burn excess materials. Acme should not be concerned about the omission of this provision to the extent permitted by law, as WidgetCo was unable to successfully pursue it because it was not willing to behave illegally. But the fact that the sentence is handed down there at least draws the attention of the parties to the fact that incineration may well be subject to legal restrictions. Is there a common legal interpretation of this phrase in the United States? Law? How might it differ from the phrase «to the extent possible»? To the extent that the definitions of accounting terms in this Agreement or in any such attestation or other document are inconsistent with the meaning of such terms under generally accepted accounting principles, the definitions contained in this Agreement or in such certification or other document shall prevail. The use of the term «most comprehensive» in these examples is acceptable because the extent to which life can be lived depends on external factors such as health and opportunity. Well. Hhmmpfh! The scope of the law is expressly not defined in practice.

There are many examples of disenfranchised poor people who receive the judge`s gavel and maximum hard time, while criminals in employees and tailored suits receive lighter sentences to serve in the Fed Club.