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property rights
principles,
Aug 1, 2007 03:55
16 yrs ago
1 viewer *
English term

from the imitation thereof

English Law/Patents Law: Contract(s)
Any non compliance of the terms and conditions of which notice has been given by the non defaulting party to the defaulting party and which remains uncured for a period of 30 days, from the imitation thereof, will entitle the non defaulting party to determine the agreement by giving notice to the defaulting party and such termination shall take effect from the date mentioned in the said notice.
Responses
2 +5 A typo, but not sure what it should be.
5 commencement
2 notification

Responses

+5
3 hrs
Selected

A typo, but not sure what it should be.

"from the limitation thereof" doesn't seem to make much sense either. "From the intimation thereof" possibly?
"...the non defaulting party to determine the agreement..." looks wrong too. I think this should be "to terminate the agreement".
Peer comment(s):
agree E2efour (X) : Intimation makes sense. But the only way to find out is to establish the nationality of the person who wrote this nonsense and take it from there!
40 mins
Thank you. Yes, knowing the native language of the translator might help. Or it could be someone hard of hearing taking dictation.
agree kmtext : That sounds better. I'm not too keen on "uncured" either though. Perhaps unresolved or something similar would be better.
1 hr
Thank you. Yes, "unresolved" would be much better. "Uncured" sounds like bacon which hasn't been smoked.
agree Elena Aleksandrova
5 hrs
Thank you.
agree Ken Cox : Calling it a typo is being generous unless you think it should be 'initiation' (as Claire suggested). Otherwise it's just plain wrong.\\Yep, 'intimation' would fit (if you have an erudite contract writer).
8 hrs
Thank you. Or a hearing error. See reply to BarryT.
agree Claire Titchmarsh (X) : Having looked at it again, it is certainly intimation. Rubbish drafting.
13 hrs
Thank you. Certainly rubbish something.
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4 KudoZ points awarded for this answer. Comment: "Thank you all very much for your great contributions."
3 hrs

notification

I think it is a typo. The sentence would make sense to me if "imitation" were replaced with "notification".

Please see some examples.
Reference:

http://www.google.co.uk/search?hl=en&q=%22from+the+notification+thereof%22&btnG=Search&meta=

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9 hrs

commencement

It's not very well worded, this paragraph.

I think they meant "initiation" instead of imitation, but that's not a word you'd usually find in a clause of this type.

Peer comment(s):
neutral Ken Cox : 'initiation' is plausible, but I agree with your comment (and anyway you have to wonder whether the 'initiation' of the notification is meant or the 'initiation' of the non-compliance)
1 hr
Indeed. There are probably lots more things to wonder about in this contract.
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