Proviso Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Proviso, written in plain English, along with examples of how it is used.

What is Proviso?

A stipulated condition or limitation in a contract, deed or title documents which if breached affects the validity of the same.

History and Meaning of Proviso

Proviso is a term widely used in the legal industry that refers to a clause in legal documents that sets out specific conditions or limitations that must be adhered to. The term proviso comes from the Latin word "provīsum," which means "something that is provided."

The use of provisos can be traced back to the Magna Carta, which included specific provisions that were added to ensure that the King abided by certain laws. Provisos can be included in contracts, deeds, wills or any other kind of legal document where specific terms need to be stipulated. If these terms are breached, the validity of the document may be called into question.

Examples of Proviso

  1. In a lease agreement, there could be a proviso stating that if there is any damage to the property caused by the renter, they are responsible for repairing it.

  2. A deed may include a proviso that if the property is used for commercial purposes, it must be used for a specific type of business only.

  3. In an employment contract, there could be a proviso stating that if the employee does not meet certain performance targets, they may be dismissed.

Legal Terms Similar to Proviso

  1. Condition: A term included in a legal document that must be met before certain actions can take place.

  2. Covenant: An agreement between two or more parties that sets out specific obligations for each party involved.

  3. Rider: A type of addendum added to an existing legal document that sets out additional terms or provisions.