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help me make sense of this sentence in dp's contract

13 replies

starlover · 07/02/2006 21:40

try as i might, i just can't quite get my head round it... it starts ok, but by the end I am lost!

These particulars of employment are in substitution for and shall operate to the exclusion of any other agreements made between the parties hereto, relating to your employment with us, the provisions whereof shall in all respects cease and determine on and from the date hereof except to the extent that they are repeated or incorporated within.

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mummytosteven · 07/02/2006 21:43

god that is awful legalese. basically they are trying to say - the new contract replaces the old contract, so the old contract doesn't apply any more, except for any bits of the old contract that are included in the new contract.

NotQuiteCockney · 07/02/2006 21:43

Basically, it says, what is in this contract is the only agreement between your DH and his employer re: his employment. So, from the date of this contract, any previous agreements or contracts are void. (Except for any provisions that are also included in this contract.)

starlover · 07/02/2006 21:44

ok..... does the bit that says "the provisions whereof shall in all respects cease and determine on and from..." actually make sense grammatically?

determine? on and from?

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NotQuiteCockney · 07/02/2006 21:46

No, that's probably a typo? Cease on and from, I can see. But determine on and from?

mummytosteven · 07/02/2006 21:47

I think it's just very badly written and that determine means end in this contexts - so they could have just left it at cease really!

starlover · 07/02/2006 21:48

yeah that's what i thought. very odd.
dp said he asked them about that but can't remember what they said, on account of it being 3 years ago and only just receiving his contract!!!!

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starlover · 07/02/2006 21:48

oh do you think? that might make sense! lol

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sobernow · 07/02/2006 21:52

This reply has been deleted

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sobernow · 07/02/2006 21:54

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Caligula · 07/02/2006 21:55

FFS. Send it off to the plain English society, they'll have a larf at it.

starlover · 07/02/2006 22:02

it's ridiculous isn't it?
he's been waiting 3 years for it as well...

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Bink · 07/02/2006 22:21

"determine", in this context, means "terminate" - so it's just repeating the meaning of "cease". Typical tautologous old-fashioned legalese - like "without let or hindrance" which means "without obstacle or obstacle".

The point of the provision is to say (i) not only does the new contract supersede the old, but (ii) to the extent your dp and his employer have discussed any terms of his job in any other context, all of those other discussions/agreements/arrangements are also superseded by what's now written in the contract. (It's called an "entire agreement" clause.) So your dp should read through the contract and make absolutely sure that anything that's been discussed less formally, which he is thinking is part of his terms, has been put in there.

starlover · 07/02/2006 22:23

yeah we've been going through the whole thing... just that one bit that had me stumped!
he hasn't had a contract since he started working for them

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