Description: Overview, definition, and example
What is a description?
A description refers to a detailed explanation or account of an item, product, service, or situation, intended to give clarity and provide relevant details. In a legal or business context, descriptions are often included in contracts, agreements, and documents to clearly identify and define the subject matter, terms, or parties involved. A well-crafted description ensures that all parties have a shared understanding of what is being discussed or agreed upon.
For example, a description in a contract may provide a detailed account of a product being sold, specifying its features, dimensions, or other distinguishing characteristics to avoid ambiguity.
Why is a description important?
A description is important because it helps to establish clarity and prevent misunderstandings between parties by specifying the exact nature of the item or matter being addressed. In legal agreements, the accuracy and detail of the description are crucial to ensuring that all parties understand their rights, obligations, and the scope of the agreement. Descriptions minimize the risk of disputes by providing a clear reference point for the terms or subject matter involved.
For businesses, including precise and thorough descriptions in contracts or agreements ensures that there is no room for confusion, protecting both parties' interests and reducing the potential for future disputes.
Understanding description through an example
Imagine a company entering into a contract to supply office furniture. The description in the agreement specifies the type of furniture (desks, chairs, filing cabinets), the materials used (wood, metal), and the number of units to be delivered. This detailed description ensures that both the supplier and the buyer are aligned on the product specifications, reducing the chances of confusion regarding the order.
In another example, a software license agreement may include a description of the software product, including its features, functionalities, and scope of use, so the user understands the limits and permissions granted by the license.
An example of a description clause
Here’s how a description clause might look in a contract:
“The Product supplied under this Agreement is a 15-inch laptop with an Intel Core i7 processor, 16 GB of RAM, 512 GB SSD storage, and Windows 10 operating system. The Product is to be delivered by [Insert Date] and must conform to the specifications listed in Appendix A.”
Conclusion
A description provides important detail and context to ensure that both parties in a contract or agreement understand the terms or subject matter being discussed. Whether it pertains to goods, services, or specific terms, the description serves as a key reference point for clarification and can help prevent future misunderstandings or disputes.
For businesses, ensuring accurate and comprehensive descriptions in legal documents and contracts is crucial for clear communication and protecting interests throughout the duration of the agreement.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.