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The law is a jealous mistress, and requires a long and constant courtship.
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Legal Definitions - insertion
Definition of insertion
In legal terms, insertion refers to the act of adding new words, phrases, or clauses into a document that already exists in written or typed form. This modification often requires the explicit agreement of all parties involved, which is typically demonstrated by their initials placed next to the added text. This practice helps confirm their mutual acceptance of the new terms and prevents any future disputes regarding the authenticity or validity of the additions.
Example 1: Real Estate Purchase Agreement
Imagine a buyer and seller have already signed a purchase agreement for a house. After a home inspection, the buyer requests that the seller include a specific clause stating the seller will replace a faulty water heater before closing. The act of writing this new clause directly into the existing, signed agreement is an insertion. For this new term to be legally binding, both the buyer and seller would typically initial next to the added text, signifying their mutual agreement to this specific repair.
Example 2: Employment Contract Amendment
Consider an employee who has an existing employment contract. After a performance review, the company decides to offer a new, specialized training program. To formalize this, a new paragraph outlining the terms of the training, including its duration and the employee's commitment, is added to the original contract. This addition of new language into the existing document is an insertion. Both the employee and a company representative would then initial the newly added section to confirm their understanding and acceptance of these additional terms.
Example 3: Commercial Lease Agreement
A business owner has a signed lease for a retail space. Midway through the lease term, the landlord agrees to allow the tenant to install a new, larger sign on the building's exterior, provided the tenant covers all costs and adheres to specific design guidelines. The landlord and tenant then add a new section to their existing lease agreement detailing these specific conditions for the sign installation. This act of adding the new section is an insertion. Both parties would initial this new language to acknowledge and agree to the updated terms regarding the signage.
Simple Definition
Insertion refers to the act of adding new language or terms into an existing written or typed document. To confirm mutual agreement and the validity of these added terms, all parties involved typically initial the document where the insertion has been made.