Legal Definitions - provision

A "provision" in legal contexts refers to a specific clause, term, or condition contained within a statute, contract, or other legal instrument. It represents a stipulation or requirement that has been made beforehand and forms part of the agreement or law.

In legal terms, a provision refers to a specific clause, condition, or requirement contained within a legal document, such as a contract, statute (law), will, or regulation. It outlines a particular right, obligation, rule, or stipulation that must be observed, fulfilled, or taken into account.

Here are some examples illustrating the use of "provision":

• Example 1: In a Commercial Lease Agreement

  A small business owner signs a lease for a new office space. The lease document includes a provision stating that the tenant is responsible for all routine maintenance and minor repairs within their leased unit, while the landlord handles structural repairs and common area maintenance.

  Explanation: This specific clause is a provision because it is a distinct term within the contract that clearly defines an obligation for the tenant regarding property upkeep. It's a stipulation agreed upon by both parties beforehand.

• Example 2: In a New Environmental Law

  A country passes a new law aimed at reducing plastic waste. One of the law's key provisions mandates that all beverage containers must be made from at least 50% recycled material by the year 2030.

  Explanation: This requirement is a provision of the new statute because it is a specific, enforceable rule or condition within the law that businesses must comply with to meet the legislative goal.

• Example 3: In a Last Will and Testament

  An individual's will contains a provision that, upon their death, a specific antique watch collection should be bequeathed directly to their eldest grandchild, rather than being sold as part of the general estate assets.

  Explanation: This instruction within the will is a provision because it is a particular directive or stipulation made by the testator (the person making the will) regarding the distribution of a specific asset, ensuring it goes to a designated beneficiary.