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Contra: Definition, Example and Related Terms

What is Contra ?

Contra is a term often used in contract law to signify a clause or provision that is against or in opposition to another clause or concept within the same document. Think of it as a contradiction or an opposing statement within a contract. This can create complexities that need careful attention to resolve, as it involves interpreting which clauses take precedence or understanding the intent behind the contradiction.

For example, imagine a commercial lease agreement where one clause states that the tenant has the right to sublease the property, but another clause in the same agreement prohibits any subleasing without the landlord's consent. These contra provisions might lead to disputes about whether the tenant has the right to sublease without obtaining consent.

Another example could be a sales contract where one section specifies that a product must be delivered by a certain date, while another section allows for delays under specific circumstances. These contra provisions could result in disagreements about what constitutes an acceptable delay.

Understanding and identifying contra provisions is essential for anyone dealing with contracts. It ensures that all terms are clear and enforceable, reducing the risk of misunderstandings and disputes. When drafting or reviewing contracts, it's important to ensure that there are no contradicting clauses or, if they exist, to clarify which provision takes precedence to avoid potential legal issues.

Example(s)

  • Scenario Description
    A commercial lease agreement includes contra provisions. One clause states that the tenant has the right to sublease the property, while another clause prohibits any subleasing without the landlord's consent. These contra provisions could lead to a dispute about whether the tenant can sublease without the landlord’s approval.
    A sales contract with delivery terms. One section specifies that a product must be delivered by a certain date, while another allows for delays under specific circumstances. These contra provisions could result in disagreements about what constitutes an acceptable delay and if the late delivery is justified.

Related terms