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Provision: A Comprehensive Guide to Its Legal Meaning and Use
Definition & Meaning
The term "provision" refers to a specific clause or stipulation within legal documents, such as statutes, contracts, or agreements. It outlines particular conditions or requirements that must be met. In a broader sense, a provision can also indicate any preparatory action taken to ensure certain outcomes or to allocate resources appropriately.
Table of content
Legal Use & context
In legal practice, provisions are essential components of contracts and statutes. They serve to clarify the rights and obligations of the parties involved. Provisions can be found in various legal areas, including:
Contract law
Property law
Tax law
Administrative law
Users can manage these provisions with the right tools, such as legal templates from US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A lease agreement may include a provision stating that the landlord must provide at least 30 days' notice before raising the rent.
Example 2: A tax law may have a provision that dedicates a portion of tax revenue to public education funding. (hypothetical example)
Relevant laws & statutes
One notable statute that includes provisions is the Montana Code Annotated, specifically:
Mont. Code Anno., § 17-1-502, which defines a "dedicated revenue provision" related to the allocation of tax revenue.
State-by-state differences
Examples of state differences (not exhaustive):
State
Provision Type
Notes
California
Contractual Provisions
Specific requirements for enforceability may differ.
Texas
Statutory Provisions
Provisions must be clearly defined to be enforceable.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Clause
A specific provision in a document.
Clauses are often part of larger provisions.
Stipulation
A requirement or condition in an agreement.
Stipulations may not always be legally binding.
Common misunderstandings
What to do if this term applies to you
If you encounter a provision in a legal document that affects you, consider the following steps:
Review the provision carefully to understand your rights and obligations.
Consult with a legal professional if you have questions or need clarification.
Explore US Legal Forms for templates that can help you draft or respond to provisions effectively.
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