Glossary entry (derived from question below)
English term or phrase:
waiver ... of the breach of any term
English answer:
A one-time waiver
Added to glossary by
Anton Baer
Jan 22, 2009 23:30
15 yrs ago
14 viewers *
English term
Canada
Conference interpreter, MBA, ATIO, ATA
Native in: Chinese 
Works in: Chinese to English, English to Chinese, Russian to Chinese, and 8 more.
waiver ... of the breach of any term
English
Law/Patents
Law: Patents, Trademarks, Copyright
No waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.
Does 'waiver ... of the breach of any term...' mean the waiver of the obligation of the defaulting party who breached any term... to correct its wrongs or to make compensation?
Does 'waiver ... of the breach of any term...' mean the waiver of the obligation of the defaulting party who breached any term... to correct its wrongs or to make compensation?
Responses
| 4 +1 | A one-time waiver |
Anton Baer
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| 4 | The statement is contradictory |
Gary D
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Change log
Jan 29, 2009 15:58: Anton Baer Created KOG entry
Responses
+1
7 mins
Anton Baer
United Kingdom
United Kingdom
Native in English
&
English
United Kingdom
Technology, natural sciences, AGBs
Native in: English
Works in: German to English, Slovak to English, Czech to English, and 3 more.
Related KudoZ points
:
4
Selected
A one-time waiver
It means any waiver of condition or breach of the contract that is allowed or agreed to ("let's ignore what just happened") will only be a one-time waiver, i.e., don't let it happen again.
Your definition of "waiver" is correct. However, it's not "waiver of the breach". It's "waiver of the condition", or "breach of the contract".
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Note added at 1 hr (2009-01-23 00:45:07 GMT)
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Edward, apologies. I see now that this was exactly your question -- if 'waiver of the breach' means 'waiver of the obligation'. In a roundabout way, it does. Using Google I see this term "waiver of the breach" shows up in legal writings. I can't imagine a different meaning for 'to waive a breach', i.e. the possible notion that a specific breach can be temporarily redefined as 'not a breach' in that specific instance.
Your definition of "waiver" is correct. However, it's not "waiver of the breach". It's "waiver of the condition", or "breach of the contract".
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Note added at 1 hr (2009-01-23 00:45:07 GMT)
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Edward, apologies. I see now that this was exactly your question -- if 'waiver of the breach' means 'waiver of the obligation'. In a roundabout way, it does. Using Google I see this term "waiver of the breach" shows up in legal writings. I can't imagine a different meaning for 'to waive a breach', i.e. the possible notion that a specific breach can be temporarily redefined as 'not a breach' in that specific instance.
Note from asker:
| Thanks, the phrase "or of the breach of any term" has a "of" before the breach, which means there is an omission of a preceding noun. In this case, waiver is the only possible missing noun. |
4 KudoZ points awarded for this answer.
Comment: "Thank you very much for your understanding and assistance. "
1 hr
The statement is contradictory
In the beginning they are saying "NO waiver", and then they say "shall be deemed to be, or considered as, a further or continuing waiver"
I think it should be "Any Waiver" as below
Any waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.
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Note added at 1 hr (2009-01-23 00:51:02 GMT)
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I did look at it and as the last part is so specific, and direct, it could have only been the first word which was incorrect.
I think it should be "Any Waiver" as below
Any waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.
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Note added at 1 hr (2009-01-23 00:51:02 GMT)
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I did look at it and as the last part is so specific, and direct, it could have only been the first word which was incorrect.
Peer comment(s):
| neutral |
Derek Gill Franßen
: I think that is exactly what they are trying to exclude, but I may be mistaken.
5 mins
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thank you
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