Legal Definitions - non obstante

non obstante is a Latin phrase meaning "notwithstanding" or "despite anything to the contrary." In legal contexts, it signifies that a particular statement, clause, or provision holds true or takes precedence, even if other rules, agreements, or circumstances might suggest otherwise.

Historical Context:

Historically, in England, the Crown used a doctrine of non obstante to issue grants or letters patent that would be valid despite existing laws that might otherwise prevent them. This power allowed the monarch to override certain statutes. However, this doctrine was abolished by the English Bill of Rights in 1689, limiting the Crown's ability to disregard laws.

Modern Usage:

Today, non obstante is primarily used in legal documents, contracts, and statutes to clarify that a specific provision should be enforced or interpreted in a particular way, regardless of other potentially conflicting terms or general principles. It acts as an overriding clause, ensuring that the stated intention prevails.

Examples:

• Example 1: Contractual Agreement

  Imagine a business contract for software development. One clause states, "Non obstante any other provision in this Agreement, the developer's total liability for damages shall not exceed the total fees paid by the client."

  Explanation: This phrase ensures that even if other parts of the contract discuss various types of damages or remedies, the specific limitation on the developer's total financial responsibility will always apply and cannot be bypassed, regardless of the severity of the issue or other clauses that might imply greater liability.

• Example 2: Corporate Bylaws

  A company's bylaws might contain a section on shareholder meetings, stating, "Non obstante the requirement for a 30-day notice period for annual general meetings, special meetings called for an emergency purpose may be convened with 7 days' notice, provided all directors unanimously approve."

  Explanation: Here, "non obstante" clarifies that while the general rule is a 30-day notice, this specific exception for emergency meetings, under certain conditions, overrides that general rule. It ensures the emergency provision is effective despite the standard notice requirement.

• Example 3: Statutory Interpretation

  A new environmental protection law might include a clause stating, "Non obstante any conflicting provisions in prior environmental regulations, the new emission standards outlined in Section 5 shall take immediate effect upon enactment."

  Explanation: This use of "non obstante" makes it unequivocally clear that the new emission standards are paramount. They supersede and override any older, potentially less stringent, or contradictory rules found in previous environmental regulations, ensuring the new law's immediate and full application.

Related Term:

The phrase also appears in the legal term non obstante veredicto, which refers to a judgment entered by a judge in favor of one party, despite a jury verdict in favor of the other party.