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Condonation: Definition, Example and Related Terms

What is Condonation ?

Condonation is the act of forgiving, excusing, or overlooking a breach or failure to perform as per the terms of a contract. In legal terms, condonation signifies the intentional overlooking or pardoning of an act that would otherwise constitute a breach of contract. It carries the implication that the party entitled to enforce the contract has chosen not to act on their right to claim the breach.

For example, if a tenant fails to pay rent on time but the landlord continues to accept late payments without taking any action against the tenant, this may be considered condonation of the tenant's breach. Here, the landlord's action (or inaction) of not enforcing the payment deadline could be seen as a forgiveness of the tenant's non-compliance with the lease terms.

It's important to understand that condonation does not necessarily signify that a breach had no consequences or that it can be repeated without repercussion. Rather, it acknowledges and forgives the particular instance without negating the contract's terms for future occurrences. Therefore, explicitly communicating any form of condonation is crucial to prevent misunderstandings regarding the contract's terms moving forward.

Condonation, when implied, can modify the strict terms of the contract temporarily, but this action should be considered cautiously as it might affect legal rights . It might set a precedent that could limit the ability to strictly enforce the contract in the future unless clearly stated otherwise. Thus, addressing any breaches while documenting the decision to condone is recommended to maintain clarity.

Example(s)

  • Scenario Description
    A graphic designer delivers a project one week late, but the client accepts the work without complaint and proceeds with payment. This acceptance and subsequent payment could indicate the client's condonation of the delay, signaling forgiveness of the contractual breach regarding the deadline.
    A service provider consistently invoices a business at a higher rate than agreed in the contract, and the business pays these invoices without objection. By continuing to pay without disputing the invoices, the business could be considered to have condoned the deviation from the agreed rates, potentially weakening future claims based on these occurrences.