The young man knows the rules, but the old man knows the exceptions.

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Legal Definitions - ish

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Definition of ish

The term "ish" originates from Scots law and has two distinct meanings in a legal context:

  • Right of Passage: In this sense, "ish" refers to the right to exit or pass through another person's property. It is often paired with "entry" in phrases like "ish and entry," which grants someone the necessary permission to use specific paths or routes across land owned by another, typically to access their own property or a public area.
    • Example 1 (Residential Access): Imagine a homeowner, Ms. Chen, who purchases a plot of land that is situated behind another property, with no direct frontage on a public road. To reach her new home, she needs to drive across a designated portion of her neighbor's private driveway. The legal document granting her this permanent right of way would include a clause for "ish and entry," ensuring she has the legal authority to traverse her neighbor's land to access her own. This illustrates "ish" as the right to exit or pass through another's property.
    • Example 2 (Commercial Access): A small consulting firm leases an office suite on the third floor of a multi-story commercial building. Their lease agreement specifies their "ish and entry" rights, allowing their employees, clients, and visitors to use the building's common areas, such as the main lobby, elevators, and shared hallways, to access their leased office space. This demonstrates "ish" as the necessary right to traverse shared property to reach a specific destination within a larger structure.
  • Expiration or End Date: "Ish" can also denote the specific date or event when a legal agreement, such as a lease, license, or contract, officially concludes or expires. It marks the end of the agreed-upon period or the termination of the rights and obligations outlined in the agreement.
    • Example 1 (Commercial Lease): A retail store signs a ten-year lease for its storefront in a shopping mall. The lease document clearly states that the "ish" of the lease is December 31, 2033. This means that on that specific date, the lease agreement officially expires, and the store's right to occupy the premises under that particular agreement comes to an end. This shows "ish" as the termination date of a contract.
    • Example 2 (Software License): A graphic design company purchases a specialized software license that is valid for a period of two years. The license agreement specifies that the "ish" of the license is two years from the date of activation. Once that two-year period passes, the license expires, and the company would need to renew it to continue using the software legally. Here, "ish" signifies the end of the period for which the license is valid.
    • Example 3 (Service Contract): A homeowner hires a landscaping company for a seasonal maintenance contract covering the spring and summer months. The contract specifies that the "ish" for the service period is September 30th. This means that the landscaping company's obligation to provide services under that specific agreement concludes on that date. This illustrates "ish" as the agreed-upon end date for a service or project.

Simple Definition

In Scots law, "ish" refers to an exit, often used in the phrase "ish and entry" to grant rights of passage across property. It also signifies the expiration or end of a lease, license, or other defined period of time.

If we desire respect for the law, we must first make the law respectable.

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