What does notwithstanding mean in a legal document?
in spite of the
“Notwithstanding the foregoing” means “in spite of the things previously mentioned or written.” “Notwithstanding anything to the contrary” is legal language that declares that a clause supersedes anything forthcoming that might contradict it.
What does the notwithstanding mean?
formal : without being prevented by (something) notwithstanding. adverb. English Language Learners Definition of notwithstanding (Entry 2 of 2) formal : in spite of what has just been said.
What does Notwithstanding any other provision of this contract mean?
Notwithstanding… as used in contracts is a preposition to indicate that the phrase or provision that follows limits or qualifies another provision (to which notwithstanding points).
What does Notwithstanding any other law?
Depending upon the context in which the phrase is used, courts may construe “notwithstanding any other provision of law” broadly as “supersed[ing] all other laws,” or more narrowly as overriding only “previously enacted conflicting provisions.” Determining which of these interpretations prevails in specific contexts …
What does override mean in law?
to refuse to accept or to decide against a previous decision or order: override a decision/veto It takes a two-thirds vote of the House and Senate to override the governor’s veto.
How do you use notwithstanding?
in spite of; without being opposed or prevented by: Notwithstanding a brilliant defense, he was found guilty. She went to the game anyway, doctor’s orders notwithstanding. in spite of the fact that; although: It was the same material, notwithstanding the texture seemed different.
Does Notwithstanding mean Despite?
Notwithstanding legal use means creating exceptions to the rules of a contract. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet.
What is the difference between notwithstanding And although?
As conjunctions the difference between though and notwithstanding. is that though is despite the fact that; although while notwithstanding is although.
What is a prevailing clause?
A prevailing party clause (also known as an attorneys’ fee clause) is found in some but not all contracts. The effect of this clause is that, in the event of a lawsuit over the contract, whoever wins (i.e., the “prevailing party”) is entitled to reimbursement of their legal fees from the losing party.
What is limitation of liability in a contract?
A limitation of liability clause is a provision in a contract that limits the amount of exposure a company faces in the event a lawsuit is filed or another claim is made. The limit may apply to all claims arising during the course of the contract, or it may apply only to certain types of causes of action.
How do you interpret notwithstanding?
The use of the word notwithstanding in contracts does not differ from its plain and ordinary English meaning. Notwithstanding means in spite of, despite, even if, without regard to or impediment by other things, all the same, however, in any case, in any event, nevertheless, none the less, still, yet.
What does notwithstanding law and legal definition mean?
Notwithstanding Law and Legal Definition. Notwithstanding means despite something; not prevented by; in spite of the fact that. For example, it may be said that the postman always makes his appointed rounds, notwithstanding the weather.
Which is the correct definition of Case Closed?
Case closed! 2. The aforementioned decision, outcome, resolution, or situation is final, with no ambiguity or room for variation or amendment. The only way we’ll be able to keep the company open is to undertake a 30% reduction in staff, case closed. My wife had an affair and our marriage is over.
Is the phrase’notwithstanding any other provision of law’construed literally?
In other cases, though, courts note that the phrase is “not always construed literally.” Thus, merely noting the presence of the phrase “notwithstanding any other provision of law” is, in itself, generally insufficient to determine which of two (or more) statutory provisions is to be seen as controlling in particular circumstances.
Which is correct notwithstanding or notwithstanding the foregoing?
The foregoing. “Notwithstanding” is often paired with “the foregoing” two state “notwithstanding the foregoing…..” which means despite “x” and “y,” “z” can still occur. This can create significant confusion because these items can overlap and it is not clear how far-reaching or how far back the “foregoing” reaches.
