PROVISION Definition & Meaning

    PROVISION Definition & Meaning


    what is provision

    If a company provides a more extended warranty term than what is required by the law, it is an example what is provision of a constructive obligation. Provisions in legal documents are typically enforced through legal action, such as a lawsuit or arbitration. If one party fails to comply with a provision, the other party may seek damages, specific performance (enforcement of the provision), or other remedies as provided for in the legal document or by law. Understanding statutory provisions is crucial for lawyers, judges, and anyone involved in the legal field. It allows for accurate interpretation and application of the law, ensuring compliance and fairness. Statutory provisions cover a wide range of areas, including criminal law, civil law, administrative law, tax law, and regulatory law.

    • This approach was evident in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., where the U.S.
    • They establish rules, requirements, and conditions that must be followed, ensuring compliance and fairness.
    • In assessing the need for a VA, companies must evaluate all available positive and negative evidence.
    • This holistic approach means that contract provisions must align with the overall agreement and not contradict other clauses.
    • Lawyers need to be able to analyze and interpret provisions accurately to make persuasive arguments and present their case effectively.

    Provisions are recorded as an expense in the income statement and a corresponding liability is recorded in the balance sheet. Since the expense related to a provision is a non-cash expense and subjective in nature, provisions are vulnerable to accounting fraud. There is a risk that companies over-estimate the size of the provision to understate their profits in good year and vice versa, to smooth earnings growth rates.

    It can specify things like payment terms, deadlines, or what happens if someone doesn’t follow the agreement. If both parties agree to change a provision, they can create an addendum that outlines the new terms. This flexibility allows contracts to adapt to changing circumstances, ensuring that they remain relevant and fair to all parties involved. According to Etymonline, the word provision (​prəˈvɪʒən) has been used since the late 14th century Middle English as provisioun.

    In landmark cases like Marbury v. Madison, the judiciary asserted its authority to interpret statutory provisions and determine their constitutionality. Provisions are integral to court decisions, as judges interpret and apply them to resolve disputes. Courts analyze a provision’s language and context within the broader legal framework. Precedent and legislative history may also be considered to ensure interpretations align with the original intent. Legislators and legal experts craft language to address specific issues, ensuring compatibility with existing laws and constitutional constraints to avoid legal challenges.

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    • To recap from our earlier blogs, here are the formulas for equity value and enterprise value.
    • They provide clarity and certainty by outlining the terms and conditions of the agreement.
    • Synonyms are a useful English language grammatical device to know because they can help you avoid repeating yourself, as well as expand your vocabulary.
    • Remedies for breaches of legal provisions vary depending on the context and jurisdiction.
    • Also, some provisions may not be reflected in the balance sheet (off-balance-sheet provisions).
    • They ensure that the provisions reflect the intentions and agreements of all parties.

    Provide and provision are two words that are often used interchangeably, but they actually have distinct meanings. The word “provide” means to supply or make available something that is needed or desired. It is often used in the context of giving something to someone or making it available for their use. On the other hand, “provision” refers to the act of providing or supplying something, especially for future use. It can also refer to a clause or condition in a legal document or agreement. After identifying all differences, the pre-tax book income is adjusted to calculate the current taxable income.

    What is the meaning of provision in law?

    Often words that look, sound, and mean the same thing across languages – called cognates – are formed when two languages or words share a common ancestral language such as Latin or Greek. This list of translations for the word provision is provided by Word Sense. ABC Bank has provided a Term Loan to XYZ amounting to $100000, which requires a periodic monthly payment of $1200. This amount will be deducted from the enterprise value to get a revised equity value. It is important to approach the interpretation of provisions with care and attention to detail to avoid these common mistakes.

    what is provision

    Such a use is, however, inconsistent with the terminology suggested by the International Accounting Standards Board.citation needed The term “reserve” can be a confusing accounting term. A UTP is a stance taken on a tax return that could be challenged by a taxing authority upon audit. This guidance ensures that companies only recognize tax benefits in their financial statements that they are confident they can sustain. Positive evidence that could support not recording a VA includes a strong history of earnings, existing contracts that will produce future income, and viable tax-planning strategies.

    Provision, on the other hand, is often used in more formal contexts, such as legal documents or contracts. It is also used to refer to the act of making preparations for future events or needs. These stipulations can be found in various legal documents, including loan agreements or purchase contracts. For instance, a purchasing contract might contain provisions detailing delivery schedules, payment terms, or remedies for a breach.

    Explore the meaning and significance of legal provisions, their role in contracts, statutes, and court decisions, and the nuances of their language. The use of the words “provide” and “provision” can have different implications in various contexts. When someone provides something, it implies an immediate act of giving or supplying.

    They establish the rules, requirements, and conditions that individuals and entities must follow. Statutory provisions are enacted by legislative bodies such as parliaments or congresses and have the force of law. They can specify how payments should be made, what happens if someone breaks the agreement, or even how disputes will be resolved. By including these details, the parties can avoid misunderstandings later on. A provision in the contract might state that the contractor must finish the work by a certain date. This helps ensure that everyone is on the same page and knows what to expect.