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Shiva Kant Dixit (Advicate)     25 September 2012

Conflict between two clauses of agreement

A notarized rent agreement executed between two parties. Later on it revealed that two claues have conflict with each other. Plz let me know which one will prevel, or how it be resloved. 



 5 Replies

Advocate Rohit (Advocate)     25 September 2012

you need to share the copy of the agreement, highlighting two confliciting clauses and share the details of the disputes between the parties. then only it would be possible to give proper opinion. My email id is: onlyrohit2003@yahoo.co.in

 

Regards,

Advocate Rohit Dalmia

9324538481

Mumbai


(Guest)

Bith the clauses would not stand. However, language of clauses matters much, which depends upon interpretation. from individual to individual. So, it would be better if you reproduce the extract of both the clauses here.

AK Puri (Sr. Stores Officer)     30 September 2012

The general principle is that in case of conflict between the two clauses, the caluse which is favorable to the party who has NOT DRAFTED the contract is enforced. However, its not applicable in each and every case. It would be better if you clearly provide details of the contract with terms and conditions.

Deekshitulu.V.S.R (B.Sc, B.L)     06 June 2020

The correct position is as folows

In case of contracts of any form the former claus will prevail

but in case of Wills the later cause will prevail.

John   12 December 2020

So, it would be better if you reproduce the extract of both the clauses here.

 

 

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