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Glossary entry

French term or phrase:

n’aurait contracté

English translation:

without which / in the absence of which X would not have entered into the contract

Added to glossary by chris collister
May 20, 2012 10:55
11 yrs ago
French term

n’aurait contracté

French to English Bus/Financial Business/Commerce (general) contractual document
Against my better judgment I have taken on a legal/contractual document related to a telecomms installation. I'm not sure what the author is getting at here (though I am assuming "contracté" doesn't mean getting smaller...). XXX is the final customer. Since there is considerable potential for getting this wrong, I would appreciate any suggestions from legal/contractual experts.

"Aussi, puisque le CLIENT ne peut procéder à la réception des Equipements dans des délais compatibles avec ses besoins, alors que celui-ci constitue une livraison substantielle **sans laquelle XXX n’aurait contracté**, le FOURNISSEUR s’engage à procéder à la réversibilité de l’ensemble de ses Prestations et Livraisons afin de permettre à un nouveau Fournisseur Tiers de reprendre l’exécution du Contrat."
Proposed translations (English)
4 +5 without which / in the absence of which X would not have entered into the contract
5 would not have entered into a contract
5 (without which) XXX would not have signed the agreement..."
5 (xxxx) would not have concluded a rental contract

Discussion

Nikki Scott-Despaigne May 20, 2012:
Go with the dominical flow, Chris!
chris collister (asker) May 20, 2012:
Thanks to all the A-team for useful contributions. I'm now a lot more décontracté, especially since others agree that it is not well written.
Nikki Scott-Despaigne May 20, 2012:
@ Polyglot45 I agree with you. I maintain the original is a little sloppy, whether for lack of attention to detail in the editing or simply in the initial drafting. We all make mistakes but there are lots of folk out there writing important documents who get away with some fairly poor writing! We all make mistakes too though!
Nikki Scott-Despaigne May 20, 2012:
Quite possible. Another possibility is as if something were understood, yet not said : "le fait de" the stuff being delivered, a kind of neutral option. In any event, there is no doubt in my mind that it is referring back to the delivery and/or the gear.
polyglot45 May 20, 2012:
the point of my comment being to draw attention to the poor quality of the original and the fact that, seen is this light, the ugly phrase with "contracté" is par for the course
Tony M May 20, 2012:
Probably... 'équipements' has been used to repalce what was previously a singular masculine noun, like 'matériel' for example.
Nikki Scott-Despaigne May 20, 2012:
As Tony explains, a common type of mistake. This should of course be a masucline plural (for 'équipements') or feminine singular (for 'la réception'). Pretty sloppy bit of drafting!
Rebecca Davis May 20, 2012:
It could be "XXX would not have entered into the agreement/contract", although there seems to be something wrong with this sentence, as polyglot points out.
polyglot45 May 20, 2012:
and celui-ci relates back to what exactly?

Proposed translations

+5
27 mins
French term (edited): sans laquelle X n’aurait contracté
Selected

without which / in the absence of which X would not have entered into the contract

It seems to me this refers to the specific contract being dealt with here.

And to me, the 'celui-ci' refers back to 'équipements' — even though of course the agreement then ought to have been plural; but this is a common-enough mistake where a 'standard' template document has been edited and insufficient attention paid to this sort of detail. Yes, I know in a legal document that shouldn't happen — but we all know that, sadly, it does happen!
Peer comment(s):
agree Claire Cox
10 mins
Thanks, Claire!
agree Jennifer Forbes : This phrase occurs frequently in contracts. It means that the "acceptance" of the work is "of the essence" of the contract.
4 hrs
Thanks, Jenny! Absolutely!
agree mchd : cela traduit en effet très exactement le sens de cette expression, simple avis de French native !
6 hrs
Merci beaucoup, mchd !
agree S Kelly
6 hrs
Thanks, Siobhan!
agree Verginia Ophof
8 hrs
Thanks, Verginia!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks Tony."
23 mins

would not have entered into a contract

"Contracter" means to enter into a contract. Other translations would be possible, but this is what the author means.
Something went wrong...
27 mins

(without which) XXX would not have signed the agreement..."

*

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Note added at 50 mins (2012-05-20 11:46:08 GMT)
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Proz glossary search for "contracter" :

Glossary Term translation Owner

Automotive CONTRACTER CONTRACT Sonya Mountford-Jones

French-English Dictionary contracter make a contract xxxCSsys

French -> English contracter contract, make a contract Isabelle DEFEVERE

Finance capacité de contracter capacity to contract Caroline Williamson
4 results found. Showing results 1 - 4
Something went wrong...
5 hrs

(xxxx) would not have concluded a rental contract

--
Peer comment(s):
neutral Tony M : Over-translation: we do not know for sure this is a rental contarct, in fact, all the evidence seems to be to the contrary.
55 mins
Nobody is a teacher, nor I am. Are you the Asker!?!
Something went wrong...
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