• Terms of a contract

Term of a contract: "Periodic maintenance with surface dressing and other repairs shall be done as required".

Does "shall be done as required" applies to "Periodic maintenance with surface dressing and other repairs" or only to "other repairs"?
Asked 6 years ago in Business Law

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7 Answers

It applies to periodic maintenance of surface repairs and other repairs too

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

Periodic maintenance will apply to other repairs also but the same should be related to surface dressing.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Applies to both Period maintenance and other repairs.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

The clause specifically provides that it should apply to periodic maintenance with surface dressing AND other repairs

The use of words AND in the clause is significant

You cannot take the plea that it would apply only to other repairs.

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

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Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

It is clear that the clause includes the whole thing and not particularly about 'other repairs' alone.

T Kalaiselvan
Advocate, Vellore
84913 Answers
2194 Consultations

5.0 on 5.0

1. Both the items have been joined with the word 'and'.

2. So, both the periodic maintenance with surface dressing and other repairs shall have to be done as required as per the terms of the contract.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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