waiver ... of the breach of any term

English translation: A one-time waiver

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:waiver ... of the breach of any term
Selected answer:A one-time waiver
Entered by: Anton Baer

23:30 Jan 22, 2009
English language (monolingual) [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
English term or phrase: waiver ... of the breach of any term
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?
Edward LIU
Canada
Local time: 06:23
A one-time waiver
Explanation:
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".

--------------------------------------------------
Note added at 1 hr (2009-01-23 00:45:07 GMT)
--------------------------------------------------

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.
Selected response from:

Anton Baer
United Kingdom
Local time: 10:23
Grading comment
Thank you very much for your understanding and assistance.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +1A one-time waiver
Anton Baer
4The statement is contradictory
Gary D


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
A one-time waiver


Explanation:
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".

--------------------------------------------------
Note added at 1 hr (2009-01-23 00:45:07 GMT)
--------------------------------------------------

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.

Anton Baer
United Kingdom
Local time: 10:23
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Thank you very much for your understanding and assistance.
Notes to answerer
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.


Peer comments on this answer (and responses from the answerer)
agree  Derek Gill Franßen: I agree with your understanding and pity the poster; the original sentence is horrible.
33 mins
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
The statement is contradictory


Explanation:
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.

--------------------------------------------------
Note added at 1 hr (2009-01-23 00:51:02 GMT)
--------------------------------------------------

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.

Gary D
Local time: 20:23
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  Derek Gill Franßen: I think that is exactly what they are trying to exclude, but I may be mistaken.
5 mins
  -> thank you
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search