What does the word notwithstanding mean in law?
The term notwithstanding is one of the most often used legal terms, yet it is one that is often confusing to lay people. It is a word that is frequently used in the fine print of a legal document, usually to show that the following sentence or paragraph is still valid even if the previous one is contradicted.
The word notwithstanding is most commonly used in either a clause or a sub-section of a larger legal document or agreement. When a clause or sub-section is contradicted, the law does not The word notwithstanding has a variety of different legal meanings.
It can indicate an exception to a rule or law. For example, if a law states that you must pay a fine if you exceed the speed limit by more than five miles per hour, the word notwithstanding means you will not have to pay the fine if the local police officer says you were going only 11 miles per hour over the speed limit because of bad weather conditions.
The word can also be used to express a strong objection to something.
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What does the word notwithstanding mean in a contract?
The term notwithstanding is often used in connection with contractual clauses that override specific provisions that would otherwise apply under the contract. For example, let’s say that you are buying a house and the owner is giving you a warranty on the appliances.
The warranty states that if you bring the appliance to a certified technician to have it repaired, you will pay $500 for the repair. Now, let’s say that the refrigerator breaks and you take it to be repaired.
The repairman tells you The word notwithstanding usually appears when a contract states that one party is not bound by a certain term in the contract. For example, if you sell your car to a dealership, your contract might say that the dealership doesn’t guarantee the car’s mileage. If the car gets a flat tire, then you have to pay for the tire and any damages.
However, if the dealership says that the mileage is not guaranteed, then the dealership doesn’t have to pay for the flat
What does the word notwithstanding mean in employment law?
The term notwithstanding can be used in two different ways. It can be used as a term of art, or it can be used as a synonym for without. The word notwithstanding is sometimes used to make clear that an otherwise governing rule does not apply in a given situation.
For example, if your employer says you must give two weeks’ notice when you leave your job, you can say your employment relationship does not end until two weeks have passed notwithstanding the fact that you’ve given your If you want to continue working despite an employee's failure to meet a qualification requirement, you can use a provision in your employment agreement known as a notwithstanding clause.
When you add a notwithstanding clause to your employee handbook, you essentially say that you are not bound by the qualification requirement. However, you will likely want to put some restrictions on the use of the clause.
What does the phrase notwithstanding mean in contract law?
The term “notwithstanding” is often used in the context of contract law to indicate that a clause will have effect even if something else stated in the same provision conflicts with the clause. For example, if a retailer were to use the term “notwithstanding the return policy” in a customer service agreement, the policy would have effect even if the customer returns an item for a refund.
The term notwithstanding means in spite of, in conflict with. The word can be used to clarify that a particular term or clause does not apply to a situation where it might appear to conflict with something that comes before it.
For example, if you are reading a contract and the term “notwithstanding” appears in one of the clauses, it means that the term does not apply if the clause before it applies. This is known as the doctrine of repugnancy.
What does the word notwithstanding mean in landlord-tenant law?
When a tenant breaks a lease agreement, the landlord can file a lawsuit to have the tenant pay damages. One defense that the tenant might use is that the lease agreement was void at the outset, meaning that the tenant had no legal right to enter into a lease agreement with the landlord. If the tenant argues this point, the landlord can file a motion for summary judgment. If the judge grants the motion, the judge will then declare the lease agreement void. In the meantime, the tenant will still legally The term notwithstanding is often used in the context of landlord-tenant law to indicate that a specific provision of the law does not apply in a case. An example of the use of the term is in the context of no-cause eviction. A no-cause eviction is a protection that tenants have against being evicted without cause. If a tenant fails to pay rent, however, the landlord can file for eviction. The no-cause eviction law states that the tenant cannot be evicted without being