A clause of any notification cannot be declared as ultra vires merely because it is not beneficial to a party or an individual, especially when it is intended to bypass a remedy available under the law.

Certainly! The term ultra vires is a Latin phrase meaning “beyond the powers.” In legal context, it refers to actions taken by an entity that are beyond the scope of the powers granted to it by law or corporate charter.

The statement you’ve asked about suggests that a clause within a legal notification cannot be deemed ultra vires simply because it does not provide an advantage to a specific party or individual. In other words, the validity of a clause is not determined by its beneficial impact on someone’s interests.

Moreover, the statement highlights that this is particularly true when the clause is designed to circumvent a legal remedy. This means that if the clause’s purpose is to avoid a process or solution provided by the law, it still cannot be considered ultra vires just because it’s not favorable to someone. The clause’s alignment with the entity’s legal powers and the law’s intent is what matters, not its perceived benefits or detriments to individuals or parties involved. Essentially, it emphasizes the principle that legality and adherence to granted powers take precedence over individual benefits in determining the validity of a clause.