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Meaning & use

operative language

noun·Advancedformallegalspecialist

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UK/ˈɒpərətɪv ˈlæŋɡwɪdʒ/
US/ˈɑːpərətɪv ˈlæŋɡwɪdʒ/

Meanings

  1. noununcountablelegalformal

    The words in a legal document that actually control its legal effect, as opposed to background or explanatory wording.

    Grammar: Used as an uncountable noun phrase; it normally takes a singular verb: The operative language is clear.

    Patterns

    • the operative language of a contract
    • the operative language provides that ...
    • identify the operative language

    The judge said the operative language of the clause was the final sentence, not the heading above it.

    Lawyers often highlight the operative language so clients know which words really bind them.

    If the preamble and the operative language conflict, the operative language usually wins.

  2. noununcountableformalspecialist

    The specific words in a rule, order, or agreement that state what must be done.

    Grammar: Often followed by 'of' plus the document or rule: the operative language of the order.

    Patterns

    • the operative language of a rule
    • the operative language requires something
    • follow the operative language

    The operative language of the order required the company to stop selling the product within thirty days.

    Teachers should read the operative language of the policy carefully before explaining it to students.

Common combinations

the operative language of a contract
She quoted the operative language of a contract to show where the duty came from.
the operative language provides that
The operative language provides that payment must be made in dollars.
identify the operative language
Your first task is to identify the operative language in each paragraph.
the operative language is clear
The operative language is clear, so there is little room for argument.
amend the operative language
The parties agreed to amend the operative language before signing.

Synonyms and how they differ

operative clause
This names the whole section that has legal force, while 'operative language' points to the actual words inside it.
controlling terms
A broader business phrase for the terms that govern an agreement; it can include figures and schedules, not just wording.
operative provisions
Similar in meaning but usually refers to whole provisions rather than the exact wording.

Word family

operative adjective
Having legal force or being in effect, as in 'the operative part of the ruling'.
operation noun
The act of making something work or of being in force.
operate verb
To work or to make something work; in law, to have an effect.

Commonly confused: operative language or operative word? operative language or operational language?

operative language vs operative word

This means the single most important word in a sentence, often used lightly in speech, while 'operative language' is a legal phrase about binding wording.

operative language vs operational language

This usually refers to language used in everyday operations or in military planning, not to the legally controlling words of a document.

Practice

Which sentence uses 'operative language' correctly?

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