Negative averment is a legal term used in contract law. It is a type of statement in a contract in which one party denies the existence of a certain fact. This statement is made in order to limit that party’s potential liability or absolve them from it altogether.
Why Is Negative Averment Important?
Negative averment is critical to protecting parties in contract legal matters. By specifically disclaiming specific facts, both parties can limit their risk exposure. For example, in a contract for the renting of an apartment, one clause might state that the landlord is not responsible for any repairs that are necessary due to damage that was caused by the tenant. This is an example of negative averment being used to protect the landlord.
How Is Negative Averment Used?
Negative averment is an important component of legally binding contracts and should be used whenever parties enter into any agreement. It is important to include a comprehensive list of negative averments in the contract as this will help prevent future disputes between the parties. Additionally, it is important to ensure that the negative averments are worded in a concise manner that is clear to both parties.
Conclusion:
Negative averment is an important legal concept that should be understood by all business professionals. By including negative averments in contracts, parties can limit their legal risk and create a more secure arrangement for all involved. It is important to use clear and concise language when including negative averments, and to include a comprehensive list of them in any contracts that are being entered into.