Breach of Agreement: Waiver


#1

Here is one sentence in this paragraph in my separation agreement that we have not signed yet.

“such remedy to include an action for damages for such breach, and action to rescind the agreement or an action for specific performance.”

He wants the part in bold removed because he says “I dont want to have to do a whole new contract”

I think this is supposed to be and a, b or C - but it has “and” in there. I am thinking is doesn’t mean to rescind it Unless there is a huge issue.

Would I be safe to remove it? Or should I reword it differently?


#2

I’m not an attorney, but it seems there is a typo and that you meant to state “…for such breach, an action to rescind the agreement…” Regardless, I’m not sure why you would want a statement in the agreement that allows one party to nullify the agreement because that would put you both back to square one. So, I do see his point and would make the same argument he does. I would suggest changing it to “…such remedy to include an action for damages for such breach or an action for specific performance.” Again, not an attorney.