Русско-англо-русский юридический словарь

A default rule is one that governs unless the parties contract out of it. In contrast, a mandatory rule is one that governs despite a contract term to the contrary, that is, a rule that cannot be avoided by contract. One can identify which laws are default and which are mandatory by examining the sorts of contract terms that are, and are not, enforceable. For example, the legal rule that the place for delivery in a sale of goods is the seller's place of business is a default rule because parties can make an enforceable contract requiring delivery at some other location. In contrast, the legal rule giving a consumer the right that goods purchased not be "in a defective condition unreasonably dangerous to the user" is mandatory because it applies no matter what the contract terms say. The distinction between mandatory and default rules is fundamentally important because it reveals the extent of contractual freedom. Mandatory rules limit the freedom of contract, while default rules permit it. (Arbitration Law in America: A Critical Assessment edited by Edward Brunet)

A default rule is one that governs unless the parties contract out of it. In contrast, a mandatory rule is one that governs despite a contract term to the contrary, that is, a rule that cannot be avoided by contract. One can identify which laws are default and which are mandatory by examining the sorts of contract terms that are, and are not, enforceable. For example, the legal rule that the place for delivery in a sale of goods is the seller's place of business is a default rule because parties can make an enforceable contract requiring delivery at some other location. In contrast, the legal rule giving a consumer the right that goods purchased not be "in a defective condition unreasonably dangerous to the user" is mandatory because it applies no matter what the contract terms say. The distinction between mandatory and default rules is fundamentally important because it reveals the extent of contractual freedom. Mandatory rules limit the freedom of contract, while default rules permit it. (Arbitration Law in America: A Critical Assessment edited by Edward Brunet)

This Patent License Agreement (the "Agreement") is between Microsoft Corporation ("Microsoft"), a Washington corporation, having a place of business at One Microsoft Way, Redmond, Washington 98052, and Immersion Corporation ("Immersion"), a California corporation, having a place of business at 2158 Paragon Drive, San Jose, California 95131, each a "party" and collectively the "parties". [...]

NOW, THEREFORE, in consideration of the payments and promises made hereunder, the sufficiency of which the parties acknowledge, the parties agree as follows:

1. DEFINITIONS (contracts.onecle.com)

This master Professional Services Agreement ("AGREEMENT") is made as of the Effective Date specified at the end of this agreement by and between BLACKBAUD, INC. ("BLACKBAUD") a South Carolina corporation having a principal place of business at 2000 Daniel Island Drive, Charleston SC 29492 and <> ("CLIENT"), having a place of business at <>. Collectively Blackbaud and Client shall be known as the "PARTIES".

The Parties agree as follows:

1. SERVICES PROVIDED BY BLACKBAUD. Blackbaud shall provide Client certain services ("SERVICES") specified in a properly executed Scope of Work ("SOW") to be incorporated herein and made a part hereof. (contracts.onecle.com)