Glossary entry

English term or phrase:

will not do or omit to do

English answer:

will not do and will not omit to do

Added to glossary by Charles Davis
Sep 27, 2012 10:13
11 yrs ago
23 viewers *
English term

will not do or omit to do

English Law/Patents Law (general)
14.1 Without limiting clause 13.1, X will (and will ensure the masters and crew of each Vessel are to) comply with the provisions of the Fisheries Act, all terms and conditions imposed by such licences, permits, registrations and approvals required there under and all lawful requests of any officer or authority operating under the powers given by the Fisheries Act and, in particular, ***will not do or omit to do*** anything and will take all reasonable steps to prevent anything which may cause any Quota owned by any member of the Y Group to be forfeited under the provisions of the Fisheries Act, provided that X will not be liable for any failure to comply with this clause to the extent that it is due to, or contributed by, the failure of Sealord to comply with its obligations under clause 9.5.

Does it mean that X will omit to do ot X will NOT omit to do?
Change log

Sep 28, 2012 12:49: Charles Davis Created KOG entry

Responses

+3
4 mins
Selected

will not do and will not omit to do

"omit to do" is parallel with "do"; both are governed by "will not".

This means that not only will the person not do anything that may cause a quota to be forfeited, but will not omit to do anything if that omission will have the effect of causing a quota to be forfeited.

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Note added at 7 mins (2012-09-27 10:21:22 GMT)
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Just seen Jenni's answer. The "anything" is OK, I think; it reads "anything which may cause any Quota owned by any member of the Y Group to be forfeited", but this is slightly obscured by the fact that another clause, "and will take all reasonable steps to prevent anything", has been inserted. The syntax is a bit complex, but fairly standard stuff in legal English.

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Note added at 9 mins (2012-09-27 10:23:21 GMT)
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Jenni's paraphrase is perfectly sound, but I'll leave my answer as well just so you're in no doubt that the answer to your question, "Does it mean that X will omit to do or X will NOT omit to do?" is "It means X will NOT omit to do".
Note from asker:
Thank you Charles
Peer comment(s):

agree David Moore (X) : Well explained
59 mins
Thanks, David!
agree Bernhard Sulzer
3 hrs
Thanks, Bernhard
agree Tina Vonhof (X) : Good explanation. The text would benefit from a few commas.
6 hrs
Thanks Tina! I quite agree about the commas. Lawyers sometimes seem to go to any lengths to avoid using them.
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4 KudoZ points awarded for this answer. Comment: "Thanks, everybody!"
+2
3 mins

will not do or fail to do

This is how I read it, but the "anything" seems very strange to me. It seems that something has been omitted or poorly rendered from another language. I'd query the client about the "anything."
Note from asker:
Thank you Jenni
Peer comment(s):

agree Mark Robertson
1 hr
Cheers and thanks, Mark.
agree Tina Vonhof (X)
6 hrs
Cheers and thanks, Tina. I hope all is well.
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+1
5 hrs

"will take responsibility for any action or inaction"

Not doing something would be as irresponsible as doing something to create a negative circumstance or outcome.

I understand this may be similar to other answers but only phrased differently, hopefully helping to better clarify the term use, thanks!
Peer comment(s):

agree Tina Vonhof (X) : Nicely phrased.
19 mins
Many thanks, Tina.
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