proviso

A proviso is a clause in a legal document, such as a statute or contract, that introduces a condition, limitation, or exception that modifies the effect of the main provision. The term originates from Latin provisus, meaning “provided” or “foreseen,” and has long been used in legal drafting to signal a qualification that must be satisfied for the rule to apply.

In legal drafting, a proviso serves to carve out exceptions or to reserve a circumstance that might restrict the operation of a rule. It is often introduced by phrases such as “provided that,” “except that,” or “on condition that.” For example, a statute might state that a grant is available “provided that the recipient meets certain criteria.” In contracts, provisos establish prerequisites or limits, such as “payment is due within 30 days, proviso that goods are delivered in satisfactory condition.”

The effect of a proviso is to bind the main rule to a condition; if the proviso is not satisfied, the primary obligation or right may not arise. Some drafts treat provisos as separate operative statements, while others embed them within the main clause. They can increase precision but may also introduce ambiguity if not drafted clearly.

See also: exception clause, condition precedent, qualification, contract drafting.