Operative Provisions Quote by Charles M. Fox
““Provisions that set forth what the contract is about, referred to herein as the "operative provisions." For example, the operative provisions of a contract to sell the assets of a business would include a description of the assets, the calculation and method of payment of the purchase price, and the mechanics of transferring the assets. An asset sale contract containing only these operative provisions would be a very short document, legally enforceable, but not addressing many of the other important issues that buyers and sellers care about. What””
About This Quote
Source Legal Text: Contract Drafting Guide, 2020
Operative provisions define the core terms of a contract, but omitting other clauses leaves gaps.
In simple terms: Key contract parts are listed, yet many important details may be missing.
Key Takeaway
Include all essential clauses for comprehensive agreements.
Themes
contract law
risk management
business transactions
Mood
cautious
analytical
Type
legal
informative
When to use this quote
- business acquisitions
- real estate deals
- partnership agreements
- joint ventures
- mergers
Key Concepts
operational clauses
legal completeness
Questions to Reflect On
- What critical clauses might be missing?
- How can you ensure a contract is balanced?
A Different Perspective
Focusing only on operative provisions can expose parties to unforeseen liabilities.
