Jan 22, 2009 23:48
15 yrs ago
8 viewers *
English term

agreed to be bound to

English Law/Patents Law: Patents, Trademarks, Copyright
Context:
Party B hereby expressly acknowledges and agrees that the unmodified terms and conditions of this dispute resolution section are a material and essential part of this agreement, served as a material inducement to Party A’s entering into this agreement and that Party A would not have entered into this agreement or agreed to be bound to any other terms or conditions governing dispute resolution. No court shall have any jurisdiction whatsoever except as expressly provided under this section.

Questions:

For the sentence of “Party A would not have entered into this agreement or agreed to be bound to any other terms or conditions governing dispute resolution”, does it mean the following:

Party A would not have entered into this agreement or would not have agreed to be bound to any other terms or conditions governing dispute resolution if this agreement does not include the unmodified terms and conditions of this dispute resolution section?

Does “would not have agreed to be bound to any other terms or conditions governing dispute resolution” mean that Party A has agreed to be bound to to any other terms or conditions governing dispute resolution?

Is ‘bound to’ a typo for ‘bound by’ in the sense that it agrees to?

Responses

19 mins
Selected

agreed to be bound by

Funny, when I read the sentence my brain inserted "by," and that's what I think it should be.

The strange word for me is "other," which makes me think that Party A agreed to be bound by the unmodified terms and conditions, but not by any other (perhaps modified) terms and conditions.

The sentence is very poorly drafted, in my opinion, hence my low confidence level.
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