Term defined under contract or term defined under act will prevail?

Ameya Bodas (Querist) 20 March 2012 This query is : Resolved
Hello,

A term "Negligence" was defied under Agreement with ONGC/Reliance for oil exploration in Indian Waters.

In case of dispute between the parties term "Negligence" defined under contract will prevail or the term "negligence" defined/used under vairous laws will prevail.

Its very urgent matter.

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R.K Nanda (Expert) 20 March 2012
Take a combine view of all related laws.

Guest (Expert) 20 March 2012
the terms of not of various laws, but only of the concerned law can override the term contained in the agreement. The term negligence can differ with particular reference to individual job/work/contract depending upon the nature of the job/work/contract.

Ameya Bodas (Querist) 20 March 2012
Thank you,

Can I have any authority/case law stating concrned law can override the terms of contract?

ajay sethi (Expert) 20 March 2012
terms of contract are sacrosant . you have to go by wordings of the contract . the applicant will have to prove negligence was committed as per the terms of contract

N.K.Assumi (Expert) 20 March 2012
I am of the view that if there is a specific term of Negligence defined by Law, it is that law that will prevails over the compact agreement between the parties. This is the principles of interpretation, as no agreement can contravene the written Law and any agreement contrary to law is void. However, it is a very interesting query posed by the querist.

Raj Kumar Makkad (Expert) 20 March 2012
A word independently has some meaning but if the same is used in a sentence or in a series of talk or in continuation of any event then there is no guarantee of change of meaning of aforesaid word so nothing concretely can be commented over your query.

Sankaranarayanan (Expert) 20 March 2012
The word carring different meaning and depends the situation

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