assumption

Legal TermLegal glossary term

Legal Definition

In a legal context, an assumption is a premise or belief that is taken for the purpose of drawing a conclusion or making a deduction based on incomplete or preliminary evidence. It represents a starting point from which a legal argument or contractual obligation is built.

Plain-English Translation

Imagine you start with a guess about something—like assuming 'the contract will be valid'—before you have all the proof. This assumption sets the foundation for the rest of the legal argument.

Context in Contracts

It matters because assumptions form the foundational starting point for legal arguments. In contract law, an assumption might be necessary to establish a valid premise for interpreting terms or determining liability under a statute.

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01

Assuming the contract terms are valid.

02

Assuming a specific contractual obligation exists.

Document context

How assumption shows up in legal documents

What is it?

An assumption in law refers to a premise or belief that is taken as true, often without complete proof, which serves as the basis for a subsequent legal conclusion or contractual obligation within a dispute or agreement.

Why does it matter?

It matters because assumptions form the foundational starting point for legal arguments. In contract law, an assumption might be necessary to establish a valid premise for interpreting terms or determining liability under a statute.

When does it matter?

Assumptions usually appear when parties make preliminary determinations about the rights or obligations arising from a legal document, such as assuming a certain condition of a warranty exists or assuming a specific contractual obligation is met.

Where is it usually seen?

It is commonly seen in legal briefs, contract clauses (e.g., 'assuming' a condition), and statutory interpretations where a legal conclusion is based on an initial premise.

Who is affected?

The parties involved in litigation, the contracting parties, or regulatory bodies who are making preliminary determinations about the validity of a claim or obligation.

How does it work?

In practice, an assumption dictates the starting point for a legal argument. A lawyer might argue that 'assuming' a certain condition is true allows them to draw a conclusion regarding breach or validity under a statute.

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