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Promptly Legal Definition Uk

Ideally, when borrowers make commitments or enter into commitments, setting a certain number of days for execution or a specific date by which return is required is clearly the best strategy for any lender. However, some companies and covenants involve third parties or other circumstances in which borrowers attempt to limit references to a certain number of days or dates to avoid triggering a default resulting from things beyond their control. Instead, borrowers often want to frame their commitments in the form of indefinite dates that always give their lender a sense of dedication or diligence while avoiding the need to extend commitments or commitments due to delays or third-party involvement. Thus, the terms “immediate”, “immediate” and “as soon as possible” have evolved over time to generally describe different points on the “time for performance” spectrum. And whatever you do, don`t immediately include both in a contract. This means inviting sharp-eyed litigators to argue for gradations of meaning where none was intended. Follow the link to see the rest of the article: raliyev.com/revisiting-promptly-as-soon-as-practicable-and-similar-terms-in-contracts/ Since the meaning of prompt depends on the circumstances, it follows that the statement adds nothing more than a few unnecessary extra words as soon as possible [or possible]. I hear you say: how is this possible? Here`s my opinion: In idiomatic usage, immediate can mean “immediately” – I didn`t hear what John said, but Matilda immediately turned around and walked away. On the other hand, prompt conveys the feeling that a little time is needed. Prompt can be used to mean “immediately”, but only if you are aiming for a slightly funny effect – I didn`t hear what John said, but Mathilde immediately turned around and walked away. The terms “immediately”, “immediately” or similar terms are often used in contracts and their exact meaning is unclear. On the other hand, it can also be used immediately, although some time would be needed – the US Navy immediately began work on a new aircraft carrier.

So, immediately conveys a meaning a little broader than prompt. The current edition of Black`s Law Dictionary does not include an entry for prompt, but the sixth edition, published in 1990, did, saying that the meaning of prompt “depends largely on the facts in each case, for what is `prompt` in one situation cannot be considered as such in other circumstances or conditions.” Q: What is the difference between “immediately”, “immediately” and “as soon as possible”? I have seen all these terms in loan agreements and have never understood the difference between them. And the current edition of Black`s Law Dictionary says that immediate means happening without delay. Here, too, the sixth edition offers a more complete entry, immediately called “without delay; direct; within a reasonable time having regard to the circumstances of the case; without delay and with due diligence. Along the time spectrum of performance, the term “immediate” is generally considered the next step of “immediate” in terms of urgency or immediacy. Although in some criminal cases the word “immediately” has been interpreted as having the same meaning as the word “immediately”, in the commercial context it is generally considered to be less strict or strict. While “fast” performance still needs to be done quickly and diligently, the performance could be interpreted as sufficient within three to five business days.6 Well, if that`s what you thought, you`re in good company. For example, the U.S. District Court for the Southern District of New York said it means quickly not immediately, but within a reasonable time. See Morgan Guaranty Trust Co. of New York v. Bay View Franchise Mortgage Acceptance Co., 2002 U.S.

Dist. LEXIS 7572, at *17 (N.D.N.Y. 23, 2002). Nevertheless, these terms are mentioned in many legal dictionaries and commercial practice has evolved over the years in terms of general interpretation based on these definitions. “Promptly” is generally considered to be the strongest expression of temporal commitment to the fulfillment of a covenant or obligation. It means “without delay” or “without delay”1 and “as soon as. something can be done,” often indicating that action must be taken within 24 hours.2 Some courts have held that the word “without delay” requires vigorous action without delay and have suggested that whether such a measure exists is a question of fact, given the circumstances of the case.3 Others have suggested that it means: that the measure must be taken without pause or delay. or immediately,4 while some judges have noted that the nature of the act to be performed must be taken into account in determining the immediacy required.5 In its application for summary judgment, Avaya argued that Charter failed to comply with the contractual indemnification requirement to “promptly notify Avaya of any claim or action” for which compensation was sought. The complaint was filed with Charter on May 5.

September 2006, but Charter did not provide a copy to Avaya until July 2, 2007. The Oxford English Dictionary defines prompt as “ready, fast, direct, all at once, without delay of a moment”. But more importantly, the courts have consistently held that speed is a matter of circumstance. Here are three representative cases: The use of snapshots in discretionary language raises another question. The question is not how to use the snapshot versus the prompt, but whether you need immediate. A little more about this can be found in my comments in response to comments from readers Michael and Mike. As with other general terms (such as materiality, reasonable effort, etc.), courts determine their meaning based on the circumstances or facts of the dispute involving those terms. Indeed, it is not surprising that “without delay”, “without delay”, “without delay” may mean different things (for example, now or at the earliest opportunity) or the same thing (for example, within a reasonable time, having regard to the circumstances), depending on the facts of this case. This means that, however important a party has intended for the clause, its application by the courts depends on the circumstances. Fast – what`s the difference between fast and immediate? I bet what comes to mind is the idea that faster action is needed immediately, which happens immediately. The net effect is that, for the purposes of drafting the contract, the same thing is understood immediately and immediately. (Obviously, the same applies quickly, as quickly as possible, immediately and otherwise, as well as adjectives quickly and immediately.) But what about the Morgan Guaranty case? This is the one mentioned at the top of this post – the one in which the court said it means quickly, not immediately, but within a reasonable time.

Now, this is a case that was built quickly, not immediately, so that it has no real value as support for the proposal, which is immediately subject to no standard of reasonableness. Because it immediately seems to promise more than it can deliver, you should omit it from your contracts for reasons of obligations and conditions. Use a prompt instead. If you want a higher standard than prompted, specify a limit in days.

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