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Terminology in contracts - Why the correct use of technical terms is important

Contracts are an essential part of the business world. They regulate the relationships between different parties and are often complex and difficult to understand. Contracts frequently use technical terms known as termini technici. The incorrect use of these terms may lead to an unfavorable interpretation of the contract and trigger undesirable legal consequences. An example of this is the term “order taker.” Incorrect use of this term may lead to incorrect classification of the contract as a contract for work or services. This can lead to undesirable consequences, such as inappropriate liability or inadequate compensation. These points are often underestimated by laypersons, who are often unaware of the precise meanings of termini technici. Incorrect use of terms such as “order taker” can therefore lead to serious consequences that are often not immediately apparent. It is therefore important that contracts and legal documents are reviewed by professionals to avoid such mistakes.

To avoid such misunderstandings, it is important to pay attention to the correct use of technical terms in contracts. This is where a lawyer specializing in contracts can help. Such a lawyer knows the meaning and interpretation of technical terms and can help with the wording of the contract. Technical terms play a decisive role not only in the formulation of the contract, but also in the interpretation of the contract by courts and arbitration tribunals. Incorrect use can lead to an unfavorable interpretation and cause significant financial disadvantages for a contracting party.

In practice, it is therefore advisable to pay attention to the use of technical terms during contract negotiations and, if necessary, to include a clear definition in the contract. A lawyer specializing in contracts can help with this and ensure that the contract is clear and unambiguous. Overall, the correct use of technical terms in contracts is of great importance in order to avoid misunderstandings and unfavorable interpretations. An attorney specializing in contracts can help by carefully reviewing the terms of the contract and making sure they are fair and reasonable. It can also highlight potential risks and consequences that were not considered in the contract. Additionally, the attorney can assist in negotiating the contract to ensure that the client’s own interest is protected. He can also suggest alternative options and solutions that can be beneficial to all parties. A clearly worded contract can help avoid misunderstandings and conflicts. The lawyer can therefore ensure that the contract is worded clearly and understandably to avoid problems later on.

Overall, an attorney specializing in contracts can help ensure that the contract is fair, legally binding, and in the best interest of their client.

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Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.


03322 5078053