03.A Glossary of legal terms

IntentWill in relation to goal
Letter of IntentUsually a preliminary agreement of the parties with regard to main agreement –> general, non-binding intention of the parties to conclude a main contract (s. Chapter 3.10)
OfferOffer of services or goods to conclude a contract
AcceptanceAcceptance of an offer of services or goods
Consideration«Consideration» in the Anglo-American legal area makes a concluded contract effectively enforceable. Consideration is the agreement of an effective exchange of performance and counter performance (–> consideration; does not have to be equal)
Contract
Agreement
Synonyms; «Contract» is in my opinion more formal.
Single signatureThe general power according to the Swiss Commercial Register by which someone may conclude legal transactions alone on behalf of a company.
Joint signatureThe general power according to the Swiss Commercial Register by which someone may conclude legal transactions for a company only together with another person with a single signature or a joint signature.
NotarisationConfirmation of a fact, e.g. a legal transaction (in Switzerland e.g. purchase of land), by a person authorised by the state –> notary or notary public.
B2CLegal relationship between a commercial supplier and a consumer
B2BLegal relationship between two commercial providers or demanders
VATValue Added Tax (for Switerland s. https://www.estv.admin.ch/estv/en/home/mehrwertsteuer/fachinformationen/was-ist-die-mehrwertsteuer.html)
NDANon-Disclosure Agreement (s. Chapter 03.10)
NUANon-Use Agreement (s. Chapter 03.10)
IP, IPRIntellecutal Property, Intellectual Property Rights (s. Chapter 10)
LiabilityLiability for damage (≠ guarantee = liability for a defect) (s. Chapter 7.01)
Force majeurEvent affecting a contract from outside (s. Chapter 3.08)
Entire AgreementContractual clause stating that there are no other agreements outside the contract on a certain subject matter or that such agreements are cancelled with the contract –> everything that the parties want to agree on a certain subject matter of the contract is included in the contract (s. Chapter 03.08)
Applicable lawLaw applicable to a legal relationship
Court of jurisdictionThe court responsible for the decision in a legal dispute
Battle of the formsLegal disputes because both or all contracting parties want to apply their general terms and conditions (GTC) –> risk of contradictions between the GTCs
Dispostive law Contractual rules that only apply if the parties have not agreed otherwise.
TreatyTerm for an intergovernmental agreement (treaty between governments or countries).
Convention Term for an intergovernmental agreement (agreement between governments or countries) (e.g. at the ILO, cp. chapter 04.03 International Labour Organiziation)