A proviso is a specific condition or limitation included in a legal document, such as a contract or statute. It outlines circumstances under which the document's validity or application may change. Typically, a proviso starts with the word "provided" and introduces an exception, condition, or additional requirement that must be met for the document to be enforceable.
Provisos are commonly used in various legal contexts, including:
Understanding how a proviso functions can help individuals navigate legal documents more effectively. Users can utilize templates from US Legal Forms to create or review documents that include provisos, ensuring compliance with necessary conditions.
Here are a couple of examples of abatement:
Example 1: In a lease agreement, a proviso may state that the tenant must maintain the property in good condition; failure to do so could allow the landlord to terminate the lease.
Example 2: A statute may include a proviso that exempts certain individuals from a specific requirement, such as a licensing rule for certain professions. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Provisos in contracts often require specific wording to be enforceable. |
| New York | Provisos may have different implications in real estate transactions compared to other states. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Condition | A stipulation that must be met for a contract to be valid. | A condition is broader and may not always be explicitly stated as a proviso. |
| Exception | A case where a rule does not apply. | An exception may be a type of proviso but is typically more specific. |
If you encounter a proviso in a legal document:
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A proviso is a condition or limitation in a legal document that affects its validity.