Stipulations

Stipulations are conditions, demands, or facts that parties to an agreement agree will be accepted as true or required under the terms of the agreement.

In contract law, stipulations specify obligations, performance standards, deadlines, payment terms, and risk allocation. They may also designate contingencies and remedies and can be enforceable as written terms or as part of a broader contract.

In civil proceedings, a stipulation of fact is an agreement that certain facts are true for the purposes of the case, allowing the court to decide other issues without requiring proof. Stipulations can also govern the admissibility of documents or the scope of evidence.

Etymology: the word comes from the Latin stipulatio, from stipulare, meaning to make a promise or pledge.

Relationship to other concepts: stipulations are distinct from warranties or representations, which concern statements about facts that may be false; a stipulation is a mutually agreed fact or condition. Breach of a stipulation can give rise to a breach of contract remedy.

Uses and limits: Stipulations condense negotiations and reduce dispute, but they may be drafted carefully to avoid ambiguity and must be interpreted according to contract or procedural rules.