The term "notwithstanding" refers to the idea of "in spite of" or "despite." It is used to indicate that something holds true or is applicable regardless of other factors or circumstances. For example, one might say, "The delivery was made, notwithstanding the heavy rain," meaning the delivery occurred even though it was raining heavily.
In legal contexts, "notwithstanding" is often used in contracts, statutes, and legal documents to clarify that a certain provision or condition applies regardless of other stated conditions. It is commonly found in various areas of law, including:
Users can manage some legal situations involving this term by utilizing legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Here are a couple of examples of abatement:
Here are a couple of examples illustrating the use of "notwithstanding":
Examples of state differences (not exhaustive):
| State | Legal Context | Notes |
|---|---|---|
| California | Contract Law | Commonly used to clarify exceptions in contracts. |
| New York | Real Estate | Used in property agreements to specify obligations. |
| Texas | Family Law | Clarifies terms in custody arrangements. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Despite | In spite of; regardless of. | More general; not typically used in legal documents. |
| Except | Not including; other than. | Indicates exclusion rather than continuation. |
If you encounter the term "notwithstanding" in a legal document or situation, consider the following steps:
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| Attribute | Details |
|---|---|
| Usage | Common in contracts, statutes, and legal agreements. |
| Meaning | Indicates that something is true despite other factors. |
| Importance | Clarifies legal obligations and rights. |
It means that a certain provision or condition applies despite other stated conditions.