Manner of acting: Overview, definition, and example
What is manner of acting?
The "manner of acting" refers to the way in which a party is expected to perform or behave under a contract. It outlines the specific actions, methods, or processes that should be followed when carrying out obligations or duties. This term helps clarify expectations about how tasks should be completed or how a party should behave in particular circumstances.
For example, a contract might state that a party must perform a service "in a professional and timely manner," giving clear guidelines for the expected quality and speed of work.
Why is manner of acting important?
The manner of acting is important because it sets clear expectations for how obligations should be fulfilled, reducing misunderstandings between parties. By defining how a task or duty should be performed, it helps ensure that both parties are on the same page about the quality, timeliness, and approach to completing the agreed work. It also provides a basis for evaluating whether one party has failed to meet their contractual obligations.
Understanding manner of acting through an example
Imagine a contractor hired to build a house. The contract includes a clause that states the contractor must complete the work "in a manner consistent with industry standards." This means the contractor is expected to use accepted practices and quality materials, and follow proper procedures. If the contractor skips steps or uses substandard materials, they may be in breach of the contract, as the manner of acting is clearly defined.
Another example could involve a software development agreement, where the contract specifies that the software must be delivered "in a manner that meets the functional requirements and is free of critical bugs." This defines not just the outcome (a working product) but also the method (the process of testing and meeting specifications).
An example of a manner of acting clause
Here’s how a clause like this might appear in a contract:
“Each Party agrees to perform their duties under this Agreement in a manner that is diligent, professional, and in accordance with applicable industry standards.”
Conclusion
The manner of acting clause ensures that each party understands how to perform their duties, setting expectations for the quality, timeliness, and method of performance. By including such clauses in contracts, businesses can avoid confusion and ensure the smooth execution of obligations.
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.