Define: Condonation

Condonation
Condonation
Quick Summary of Condonation

One person’s approval of another’s activities, constituting a defence to a fault divorce. For example, if a wife did not object to her husband’s adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behaviour and could perhaps prevent her from divorcing him on these grounds.

What is the dictionary definition of Condonation?
Dictionary Definition of Condonation

a pardon by treating the offender as if the offence had not occurred.

  1. The condoning of an offence
  2. The forgiveness of matrimonial infidelity
Full Definition Of Condonation

Condonation refers to the act of forgiving or overlooking a wrongdoing or breach of contract by one party towards another. It is a legal concept that implies the party who has been wronged has chosen to accept or excuse the wrongdoing, thereby waiving their right to take legal action or seek remedies for the breach. Condonation can occur in various legal contexts, such as in family law cases involving adultery or in contract disputes where one party continues to perform under the contract despite the other party’s breach. However, it is important to note that condonation may not always be valid or enforceable, as it depends on the specific circumstances and the applicable laws governing the situation.

Condonation FAQ'S

Condonation refers to the act of forgiving or overlooking a wrongdoing or breach of contract by one party towards another.

Yes, condonation can be used as a defence in certain cases, particularly in matters related to breach of contract or marital infidelity.

If a party condones a breach of contract by accepting the benefits of the contract or continuing to perform under it, they may lose the right to sue for damages resulting from the breach.

Condonation can be implied through the actions or behaviour of the party who forgives the wrongdoing. It does not necessarily need to be explicitly stated.

Condonation is generally not applicable in criminal cases, as it is more commonly associated with civil matters such as breach of contract or marital issues.

Yes, condonation can be revoked if the party who forgave the wrongdoing later discovers additional breaches or misconduct by the other party.

Condonation can be a factor considered by the court in divorce cases, particularly in determining fault or the grounds for divorce. However, it may not necessarily prevent a divorce from being granted.

Yes, by condoning a breach or wrongdoing, a party may be deemed to have waived their legal rights to seek remedies or damages for that specific act.

While condonation involves forgiving a wrongdoing, it is a legal concept that has specific implications and consequences. Forgiveness, on the other hand, is a broader term that can have personal or emotional connotations outside of the legal realm.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 25th April 2024.

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