Legal Definitions - proviso

A proviso is a specific condition, limitation, or stipulation included within a legal document, such as a contract, statute, will, or deed. It typically states that something must happen or not happen for another part of the agreement, or the entire document itself, to become valid, take effect, or be applied in a certain way. It often introduces an exception to a general rule or adds a specific requirement that must be met.

• Example 1: Real Estate Contract

  Imagine a contract for the sale of a house that includes the clause: "The sale of the property shall be finalized, provided that the buyer's home inspection reveals no structural defects exceeding $10,000 in repair costs."

  Explanation: In this scenario, the "proviso" is the condition about the home inspection. The entire sale agreement is dependent on this condition being met. If the inspection uncovers structural defects costing more than $10,000 to fix, the buyer might be able to withdraw from the contract, making the sale invalid under the terms of the proviso.

• Example 2: Government Regulation

  Consider a city ordinance stating: "All new commercial buildings must include a minimum of 20 parking spaces, provided that the building's total floor area exceeds 5,000 square feet."

  Explanation: Here, the "proviso" creates a specific condition for the parking space requirement. The general rule is 20 parking spaces, but this only applies if the building's floor area is over 5,000 square feet. Smaller buildings would be exempt from this particular parking requirement due to the proviso.

• Example 3: Last Will and Testament

  A will might contain a clause like: "My entire collection of rare books shall be bequeathed to my nephew, provided that he establishes a trust fund for their ongoing preservation and maintenance within one year of my passing."

  Explanation: This "proviso" attaches a specific condition to the inheritance. The nephew will only receive the book collection if he fulfills the requirement of setting up a preservation trust fund within the specified timeframe. If he fails to do so, the inheritance of the books might become invalid, and they could pass to another beneficiary or be handled differently according to other provisions in the will.