Proscription: Definition, Example and Related Terms
What is a Proscription ?
A proscription is a formal prohibition, restriction or ban that is explicitly stated in a legal document or contract. It specifically outlines what actions or behaviors are forbidden. In contract law, proscriptions are crucial elements that clearly define what parties cannot do under the agreement.
Proscriptions are different from prescriptions (which state what must be done) because they focus on prohibiting specific actions rather than requiring them. They act as protective measures in contracts by establishing clear boundaries and limitations.
For example, a non-compete agreement might contain proscriptions against working for competitors or starting a competing business. These proscriptions need to be clearly defined and reasonable in scope to be legally enforceable.
Understanding proscriptions is essential for contract managers as they define the limitations and restrictions that help protect the interests of the contracting parties. They must be carefully written to be specific, clear, and enforceable under applicable laws.
Example(s)
Scenario Description Employment Contract A contract includes a proscription against using company intellectual property for personal gain. The employee is explicitly forbidden from using any company patents, trademarks, or trade secrets for their own business ventures. Lease Agreement The lease contains a proscription against subletting the property without the landlord's written permission. This clearly establishes that tenants are prohibited from renting out the property to others without explicit approval.