Glossary entry (derived from question below)
French term or phrase:
...mais l'application,
English translation:
Null/void... application...
- The asker opted for community grading. The question was closed on 2014-06-19 07:54:10 based on peer agreement (or, if there were too few peer comments, asker preference.)
French term
...mais l'application,
"La nullité éventuelle de l'une des clauses du présent contrat n’entrainera pas la nullité des autres dispositions, mais l'application, le cas échéant, de la clause d’imprévision reprise ci- dessus à l’article 10."
"The potential nullification of any of the clauses in this contract shall not lead to nullification of the other provisions, except where an application is necessary of the clause for “Unexpected events” covered above in Article 10."
Is there something missing, or have I misunderstood its usage? Or is it correct after all?
Jun 15, 2014 11:44: Lara Barnett changed "Field" from "Bus/Financial" to "Law/Patents" , "Field (specific)" from "Law (general)" to "General / Conversation / Greetings / Letters"
Non-PRO (1): mchd
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Proposed translations
Null/void... application...
I think there is a term for "clause d'imprévision" which, for the life of me, I cannot find right now. However, this is to do with foreseeability/unforseeability (a big thing in English law, what with that and the "reasonable man", as any UK law student will know!) . It depends how you have termed the famous "unexepcted events" clause. That term will not do, by the way. The term is as mentionend above. I think that (hang on..., let me scroll up...) Yes, John has the same term too. It really is standard in such circumstances. My suggestion needs a little tweaking here and there but there really is no wizardry in the original. ;-)
agree |
Tim Webb
: The excellent resource you give in the DB suggests "Frustration" for clause d'imprévision. And talking of frustration, I feel sure that "and will give rise" is better than "but will give rise", but I just can't explain why!!
3 hrs
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agree |
Victoria Britten
4 hrs
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agree |
B D Finch
: You go beyond the call of duty or KudoZ! "Clause d'imprévision" > hardship clause?
5 hrs
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but possible enforcement
"Enforcement" is useful, but there is not connecting paragraph for use after "but", how would that work? |
(except in the case where) the application of the clause....p
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Note added at 24 mins (2014-06-15 10:53:34 GMT)
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basically, what it's saying is that just because one clause is nullified doesn't mean the whole contract is terminated. Force majeure and unexpected event clauses usually give reasons why there is no breach or infraction to be considered because of events beyond control.
Obviously if Article 10 is applied in some cases it DOES impact on other clauses or indeed on the contract as a whole (if a rescission clause)
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Note added at 25 mins (2014-06-15 10:54:51 GMT)
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no, you've got the meaning and I would not use "but" either.
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Note added at 32 mins (2014-06-15 11:02:10 GMT)
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typo just spotted in second line. Should read (.... the case where) the clause for "unexpected events"...
I might use "provided for " instead of "covered"
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Note added at 1 hr (2014-06-15 11:58:54 GMT)
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"except where/except in the case where ..." are perfectly OK imo here. = If this happens, then...
So I have not misunderstood the phrase? |
the unforeseen events clause shall apply
but, if appropriate, would cause the contingency clause to apply
And "clause d'imprévision" is the "contingency clause".
"Le cas échéant" = if appropriate / as appropriate
In substance : "The nullification of any one clause of this agreement shall not entail the nullification of the other clauses but, if appropriate, would cause the contingency clause to apply, in reference to Art. 10 above"
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Note added at 4 hrs (2014-06-15 15:05:27 GMT)
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Other E term for "clause d'imprévisibilité"/ "clause d'imprévision" = the hardship clause
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Note added at 4 hrs (2014-06-15 15:06:48 GMT)
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http://www.businessdictionary.com/definition/hardship-clause...
neutral |
Nikki Scott-Despaigne
: Not sure about "contingency clause" as a contingency requries a specific condition to be met. Something which is "imprévu" (unforseeable) is by nature not something to which an identified condition can be attached as it is, by its very nature, unknown.
1 hr
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"Contingencies" = "Imprévus" in contracts AND project budgets. It may cover events budgeted and provisoned as "imprévus" (from the failure to secure a bank loan to exceptional weather conditions, etc.)
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Discussion
Lara
"Rather" is not idiomatic. It is a simple "if ... then ..." clause (I agree with Evgeny's comment)
Or what about Evgeny's comment?
Literally in French the phrase says: "..shall not lead to the invalidity of A but to the application of B"
= "A shall remain valid and B shall apply"