this Agreement will <control><dominate>

NewAmerica

Banned
Mandarin
This thread is about the nuance between "control" and "dominate" in this context.

It seems to me that "control" sounds a bit more forceful than "dominate." I am not sure.

Do "control" and "dominate" share the same meaning in the context?

*****************
This Agreement is between you and the Elsevier group affiliate that owns the respective Service. This Agreement expressly incorporates by reference and includes the respective Service's Terms and Conditions. In the event of any conflicts or inconsistencies between those terms and this Agreement, this Agreement will control.

Source: Elsevier
 
  • tunaafi

    Senior Member
    English - British (Southern England)
    Neither control nor dominate is appropriate. I can't for the moment think of the appropriate term. I'm sure somebody will come up with it soon.
     

    Linkway

    Senior Member
    British English
    Perhaps tunaafi was thinking of "prevail", for example:

    In the event of any conflict or inconsistency between them, the terms of the main body of this Agreement will prevail over the terms of the Schedule, and the relevant provisions of the Schedule should be construed accordingly.
    (Source: Scottish Funding Council. Emphasis added.)
     

    Linkway

    Senior Member
    British English
    The (British) Law Society uses "prevail" in this context (although other words may be used as well).

    2.1 These Conditions govern the Contract between Us and You, and no other conditions, whether introduced prior to or subsequent to this Purchase Order, shall have any relevance unless other conditions are expressly agreed in writing by an authorised representative of the Society (in which case such other conditions shall prevail).
    (Source: Standard conditions of contract - The Law Society
    Emphasis added.)
     

    NewAmerica

    Banned
    Mandarin
    "Shall prevail" sounds beautifully written and overwhelmingly natural.

    In comparison, "will control" sounds odd and inappropriately forceful.
     

    kentix

    Senior Member
    English - U.S.
    Dominate is completely wrong in that context. It doesn't have any specific legal sense like the other two.
     

    NewAmerica

    Banned
    Mandarin
    But "dominate" means "rule over" (or exactly means "control"). If "will control" worked, why doesn't "dominate"?
     
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