GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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09:38 Jan 5, 2019 |
English language (monolingual) [PRO] Law/Patents - Law: Contract(s) | |||||||
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| Selected response from: Yvonne Gallagher Ireland Local time: 18:19 | ||||||
Grading comment
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Discussion entries: 12 | |
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To impaint, to describe Explanation: To describe something by stating its main qualities. For example: In her essay, she characterizes the whole era as a period of radical change Reference: http://dictionary.cambridge.org/it/dizionario/inglese/charac... |
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Specified Explanation: - -------------------------------------------------- Note added at 55 mins (2019-01-05 10:33:45 GMT) -------------------------------------------------- To describe distinctive features of..... : to specify https://en.oxforddictionaries.com/definition/characterize |
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categorise or represent Explanation: There are many synonyms for "characterize"; legal documents seldom use the simplest term available! |
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defined Explanation: that's the meaning |
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qualified (by someone, the other party or their lawyers) Explanation: i.e. whatever "quality" is attributed to them by someone. an active intent to "rename it /make look it as something else" is implied - it's not going to just happen out of nowhere that for example "losses" are going to look as something else by pure accident. or: whatever label someone decides to stick to them (= "however these are characterised") what will count will be what they substantially are. IOW you can try to call "losses" (for example) whatever you want - try to "characterise" them as something else, they will still be losses and as such there will be no liability from the other party. Here THE KEY POINT is if that someone (the other party, as they would be the only one having an interest to do so) tries to "re-qualify" any incidental, consequential, special, direct or indirect damages, or for loss of use, lost profits, attorneys’ fees or loss of market share as something else outside of this list in order to make the other party liable, that will not wash. It's not that the elements of this list could happen to "present themselves" as something else, it will be someone (who has an interest in doing so) who will try to "re-quality" them as something else. |
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15 hrs confidence:
1 day 6 hrs confidence: peer agreement (net): -1
3 hrs confidence: peer agreement (net): +3
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