Legal Definitions - attendant term

An attendant term refers to a condition, provision, or stipulation that naturally accompanies, is implied by, or is necessary for the full operation of a primary agreement, contract, or legal concept. While not the central subject, it is a secondary but essential element that supports, clarifies, or completes the main understanding or obligation.

• Example 1: Real Estate Purchase

  Imagine a couple signs a contract to purchase a new home. The primary term of this contract is the agreement to buy and sell the property for a specific price. An attendant term might be the seller's obligation to ensure all property taxes are paid up to the closing date, or to provide a clear title free of any liens or encumbrances.

  This illustrates an attendant term because while the core agreement is the sale of the house, the requirement for clear title or paid taxes is a secondary but crucial condition that naturally accompanies any property transaction. It ensures the buyer receives what they expect without hidden liabilities, making it an essential supporting element to the main sale agreement.

• Example 2: Professional Service Contract

  Consider a small business that hires an IT consultant to upgrade its computer systems. The primary term of their contract is the scope of the upgrade work to be performed and the consultant's fee. An attendant term would be the consultant's agreement to maintain the confidentiality of the business's sensitive data accessed during the upgrade, or to provide a warranty for the work performed for a certain period after completion.

  Here, the confidentiality clause or the warranty isn't the main service being purchased, but it's a vital, accompanying condition that supports the primary service agreement. It ensures trust, protects sensitive information, or guarantees the quality of the work, naturally flowing from the nature of the IT service provided.

• Example 3: Vehicle Lease Agreement

  Suppose an individual leases a car from a dealership. The primary terms of the lease include the monthly payment, the lease duration, and the mileage limit. An attendant term would be the requirement for the lessee (the person leasing the car) to maintain comprehensive collision insurance on the vehicle throughout the lease period, with the dealership or financing company listed as a loss payee.

  This demonstrates an attendant term because while the lease itself is the main agreement for the use of the car, the insurance requirement is a secondary but essential condition that protects the lessor's (dealership's) asset. It naturally accompanies a vehicle lease, ensuring the car is protected against damage or loss, thus making it an integral supporting component of the lease agreement.