Permission
Discussion
A Permission is a rule allowing a Party to perform a specified action or be in a specified state.
A Permission may arise from an Agreement, law, regulation, policy, authority, license, or another applicable source.
A Permission may be subject to one or more Conditions. The Permission applies only when its applicable Conditions are satisfied.
Definition
rule allowing a party to perform a specified action or be in a specified state under stated conditions
Source
Adapted from:
Note
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A Permission identifies allowed conduct rather than conduct that has occurred
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A Permission may identify the Party receiving the Permission
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A Permission may identify the Party or authority granting the Permission
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A Permission may identify the permitted action, subject, object, scope, Conditions, and Effective Period
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A Permission may be conditional, limited, delegated, transferred, suspended, revoked, terminated, or expired
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A Permission is distinct from a Right because a Right establishes an entitlement while a Permission allows specified conduct
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A Permission is distinct from a Prohibition because a Prohibition forbids specified conduct
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A Permission does not require the permitted Party to perform the permitted action
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Absence of a recorded Prohibition does not establish a Permission
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Recording a Permission does not, by itself, determine that the Permission exists or is legally enforceable
Example
An Agreement permits a Party to disclose otherwise confidential information to a regulator when applicable law requires the disclosure.
The Permission identifies the Party, permitted disclosure, recipient, applicable Conditions, and period during which the Permission applies.
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