Check whether a farm tenancy term waives the Act
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the tenancy writing, list each clause that says a party gives up a right, power or duty, or that the Act does not apply. Do not decide that the clause is void, and do not list provisions of the Act that allow a waiver.
- What the lawyer must review
- The lawyer decides whether a clause waives or defeats the Act, and whether any waiver is one the Act itself allows. Any agreement purporting to waive or abrogate any right, power or duty created by the Act, or otherwise to defeat the purposes of the Act, is to that extent void. Nothing in the section precludes a waiver of rights in accordance with a provision of the Act. The provisions that allow a waiver were not opened, so they are not listed. This is not a screen of franchise terms.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the tenancy writing, list each clause that says a party gives up a right, power or duty, or that the Act does not apply. Do not decide that the clause is void, and do not list provisions of the Act that allow a waiver. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Each clause that gives up a right, power or duty under the Act is listed.
- The section makes the agreement void only to the extent of the waiver or the defeat.
- No list is made of provisions that allow a waiver, because those provisions were not opened.