This question was closed without grading. Reason: Answer found elsewhere
Nov 18, 2021 13:40
2 yrs ago
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French term

Les cas de force majeure sont réservés.

French to English Law/Patents Law: Contract(s) Swiss commercial lease
Part of a paragraph dealing with reasons for termination of the lease. The lessee needs to achieve a target minimum turnover in order to continue to hold the lease or else the lessor can terminate it without notice. At the end of the paragraph it states: "Les cas de force majeure sont réservés." Does this mean that force majeure constitutes an exception? Thank you :)
Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): Angus Stewart, Yvonne Gallagher

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Discussion

Heather Phillips (asker) Nov 22, 2021:
I can no see that it means "Events of force majeure are unaffected", but thank you to everybody for their suggestions.
AllegroTrans Nov 20, 2021:
"cases of major force" is in NO WAY the translation of "cas de force majeure"!!!!!!!!!!!!!
Lisa Rosengard Nov 20, 2021:
It looks like a threat of eviction from a landlord (lessor) to a tenant (lessee). This means that landlords (lessors) who find a need to evict a tenant have a right to forcibly remove a tenant if he or she refuses to leave. This is relevant to a case in which a landlord finds a need to evict a tenant without prior notice. However, cases of major force, by which a tenant needs to be forcibly removed from a rented abode are avoidable. That way, landlords should allow a time period, usually with a warning time of three months, before it reaches the eviction stage. In other cases, a four week notice period is considered, or less so, in which case the tenant is found at fault with a serious offense, breach of conditions of lease. I believe that the longer time notice periods of 3 months are due to a failure to pay the rent money.

Proposed translations

+2
54 mins
French term (edited): Les cas de force majeure sont réservés.

This is without prejudice and subject to cases of force majeure

'Cases of ... are not affected' is the UK notarial turn of phrase I had learned.

Note that force majeure, such as an industrial strike, does not aways square with an Act of God.
Example sentence:

French term or phrase:l'article XX est réservé English translation: Phil G. > without prejudice to article XX

Peer comment(s):

agree Nikki Scott-Despaigne : Helpful comment on force majeure - vs - Act of God, casting me back to my days handling cargo and Personal injury claims for a protection and indemnity club.
1 hr
agree Mpoma : Vous connaissez vos oignons, maître.
1 hr
agree AllegroTrans : I think you could omit "and subject to" which doesn't really say anything
1 hr
disagree Eliza Hall : "This is... subject to cases of force majeure" doesn't actually MEAN anything in English, in this context.
1 hr
neutral philgoddard : I don't see why you've said "without prejudice" AND "subject". They both mean the same.
2 hrs
neutral Daryo : too much convoluted
8 hrs
Something went wrong...
+6
2 hrs

Events of force majeure are excepted.

Here's a link showing that in EN we say "force majeure events" (or events of force majeure), rather than (as in FR) "cases of force majeure":

UK link https://uk.practicallaw.thomsonreuters.com/3-107-5776?transi...

US link https://www.shearman.com/Perspectives/2020/03/COVID-19--Forc...

As Andres-Larsen explained in his reference, "Force majeure clauses, common in most commercial lease agreements, generally excuse, or temporarily delay, certain landlord or tenant lease obligations due to unforeseen circumstances beyond the parties’ control."

So in this context, where Heather has explained that the tenant/lessee is required to "achieve a target minimum turnover in order to continue to hold the lease or else the lessor can terminate it," the force majeure clause means that the tenant's obligation to achieve that target is excused if the reason they didn't achieve it was an event of force majeure.
Peer comment(s):

neutral AllegroTrans : Agree with "events" rather than "cases" but otherwise this is no different to "without prejudice"
24 mins
Without prejudice to what? How would you translate this sentence?
agree Daryo
28 mins
Thanks.
agree philgoddard
31 mins
Thanks.
agree Yvonne Gallagher : yes, I'd written exactly that header some hours ago but then figured the terms of what constituted "force majeure" were quite unclear so cancelled my answer. But your last line is good
58 mins
Thanks.
agree Mpoma : Yep
2 hrs
Thanks.
agree Katarina Peters
8 hrs
Thanks.
agree writeaway
20 hrs
Thanks.
Something went wrong...
-5
2 days 2 hrs

cases with the right to forcibly remove

It seems to be a case in which a proprietor or landlord needs to evict a tenant. In the unlikely event where a landlord has a need to evict a tenant from his or her abode, the landlord has the right to forcibly remove a tenant. That's only possible if an evicted tenant refuses to leave his or her abode. However, cases of forcible eviction are avoidable. It can only occur without prior notice if a tenant is found guilty of a serious offense. Otherwise, if a tenant fails to pay his or her rent then a landlord can begin an eviction process with a prior notice period of three (3) months. In another possible case, a landlord could need to evict a tenant for his or her own financial reasons. If so the landlord should allow the tenant a notice period of at least four (4) weeks.
However, cases of eviction are usually avoidable, as no one wants forcible eviction to occur.

(FR: Ce semble d'être un cas d'une éviction d'un locataire par un propriétaire. Au cas improbable où un propriétaire a besoin d'expulser un locataire de son lieu de résidence, le propriétaire a le droit de forcer l'expulsion du locataire seulement si le locataire refuse de partir de son lieu de résidence. Le propriétaire a le droit de forcer une éviction sans un période de temps de préavis seulement si le locataire s'est commis dans une grosse infraction. D'autrement si un propriétaire doit expulser son locataire, le deuxième n'a pas payé son louement pendant quelque temps; au cas duquel le propriétaire devrait commencer à faire l'éviction avec un préavis de trois (3) mois. Des autres cas sont possibles si un propriétaire doit cesser de louer son appartement pour ses motifs propres selon sa condition financière; au cas duquel il devrait commencer un procès d'éviction avec un période de temps de préavis de quatre (4) semaines. Cependant, on crois que l'expulsion forcée est évitable toujours.)

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Note added at 5 days (2021-11-23 20:57:59 GMT)
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An event of unforeseen circumstances would need to be clearly and credibly explained. Similarly, if a tenant moves away from his or her address he or she should inform the landlord at least four weeks in advance.

--------------------------------------------------
Note added at 5 days (2021-11-23 22:33:58 GMT)
--------------------------------------------------

In law, 'force majeure' constitutes unforeseeable circumstances that prevent someone from fulfilling terms of contract.
Unforeseen circumstances could even be extreme weather conditions, such as flood or an act of God.
It's also an irresistible compulsion or any superior strength.

--------------------------------------------------
Note added at 25 days (2021-12-14 09:28:45 GMT)
--------------------------------------------------

Scottish Secure Tenancy Agreement
6. Ending the Tenancy
The tenancy agreement can be ended in any of the following ways:
6.1 By Notice
The tenant, together with any joint tenant, give the landlord at least 28 days written notice. The tenant must tell the landlord, at the same time, if married, or living in the property with another person at the same address, as husband and wife. If so, agreement from the partner or joint tenant is also required.
6.2 By written agreement
By written agreement between the tenant and any joint tenant and the landlord. The tenant must inform the landlord if married or living at the same address as husband and wife. Partner agreement may also be required.
6.3 By court order
The Sheriff grants an order for eviction following a request from the landlord. The tenant has a right to defend any legal action taken by the landlord against the tenant. Others living at the same address also have the right to be represented. The landlord may ask for such an order under Section 14 of the Housing Scotland Act 2001, on any of the grounds contained within Section 2 of the Act. Before doing so, the landlord sends a written warning. The landlord also includes written warning to any others known to bide at the same address, who are over the age of 16.
The following is a summary of the grounds contained within the Act, and does not change the legal position contained in that Act.
the tenant owes rent money or has broken some other condition of agreement, the tenant, someone residing at the same address, or anyone visiting the address, has been convicted of using the home or allowing it to be used for illegal or immoral purposes or a criminal offence punishable by imprisonment, which was committed in the house or the locality.
- The condition of the house or the common parts or furniture supplied has deteriorated due to the tenant's fault or because of a subtenant
- if the tenancy has been granted as a result of false information
the tenant, someone visiting the address, or anyone visiting it, has been anti-social to anyone else in the locality and it's not reasonable to transfer to tenancy to another address.
In the above cases the sheriff must also be satisfied that it is reasonable to make an order for eviction.
- the tenant, or someone residing at the tenant's address has been guilty of harassment, nuisance or annoyance in the neighbourhood or in the house, or has pursued a course of conduct amounting to harassment of someone else in the locality, and it's appropriate to transfer to another address.
Evidence of overcrowding, future plans to demolish property or carry out substantial work, or if the house is required by someone else with additional needs for adaptation, or if the lease from another proprietor has ended or will terminate within 6 months.
In the above cases the sheriff must grant an order for eviction if the tenant is offered suitable alternative accommodation as defined by Section 2 (part 2) of the Housing Scotland Act 2001. The Sheriff must also be satisfied that it's reasonable to grant the order.
6.4 By abandonment by the Tenant
If the address is found abandoned, the landlord sends a 4 week written notice to the address, as the landlord may forcibly enter the property to make it secure and change its lock. In the event of repossession of an address, a 6 month notice period should be applied. Safe custody and secure delivery of any property and / or belongings residing at the address is temporary before arrangements can be made to dispose of belongings. This conforms to requirements of regulations made by Scottish Ministers.
Peer comment(s):

disagree AllegroTrans : It's abundantly clear that you don't understand what "force majeure" is. If you just google it, you will see how ridiculous your answer is.
1 hr
disagree Daryo : It must be some kind of special talent - if I tried on purpose to give a wrong answer, I would struggle to be so much off-off-off ... target.
10 hrs
disagree ormiston : Why, Lisa. Do you post a very different suggestion while ignoring peer input?
22 hrs
disagree Mpoma : Consistently strange phenomenon.
23 hrs
disagree Andrew Bramhall : It's not that sorry.
1 day 7 hrs
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Reference comments

57 mins
Reference:

Commercial Leases and Force Majeure

Commercial Leases and Force Majeure - Baker McKenzie
https://www.bakermckenzie.com › weiner-perriePDF
Force majeure clauses, common in most commercial lease agreements, generally excuse, or temporarily delay, certain landlord or tenant lease obligations due to unforeseen circumstances beyond the parties’ control. With businesses still fully
or partially shut down, the federal Paycheck Protection Program (PPP) out of money, and the prospect of additional legislative relief uncertain, tenants have been increasingly leaning on force majeure provisions for relief from rent
payments—from leases signed at the peak of the market—they can no longer afford.
Many commercial lease force majeure provisions contain an exception, which specifically excludes rental payments. That is to say, the occurrence of a force majeure event will not excuse payment of rent. In those circumstances, tenants will need to find other avenues of relief (e.g., frustration of purpose, impossibility, impracticability, failure of consideration, reformation, rescission). But for those tenants with force majeure clauses that do not exclude rent payments, they may be entitled to rent abatement and forgiveness.
Parties must determine first whether a force majeure provision applies due to a triggering event. Parties must then examine the standard of performance by asking what specifically does force majeure excuse or delay. Finally, to succeed on a claim or defense under force majeure, the party seeking relief must show applicability by proving that the event which triggered nonperformance falls within the scope of the force majeure provision and that the triggering event is the proximate cause of the nonperformance.

Force majeure—consequences and contract discharge
https://www.lexisnexis.co.uk › legal › guidance › force-m.
A force majeure clause is not regarded as an exemption clause, even though its effect may be to relieve the contracting party of an obligation or liability.

The Importance of Force Majeure Clauses in the COVID-19 Era
https://www.americanbar.org › boilerplate-contracts › f...
Mar 25, 2021 — A force majeure clause allocates the risk of loss if performance is hindered, delayed, or prevented because of an event that the parties could not have anticipated or controlled. It provides a contractual defense, the scope and effect of which will depend on the express terms of a particular contract.
Peer comments on this reference comment:

agree Yvonne Gallagher : "A force majeure clause is not regarded as an exemption clause, even though its effect may be to relieve the contracting party of an obligation or liability." This particular contract doesn't appear to have details spelled out...
4 mins
agree Eliza Hall : Exactly. So in this context, it must mean that failing to meet the "target minimum turnover" is excused if it was due to force majeure.
1 hr
agree Daryo : same interpretation as Eliza Hall
8 hrs
Something went wrong...
1 hr
Reference:

force majeure

https://www.investopedia.com/terms/f/forcemajeure.asp

Force Majeure vs. Pacta Sunt Servanda
In general, force majeure conflicts with the concept of "pacta sunt servanda" (agreements must be kept), a key concept in civil and international law with analogs in common law. It is not supposed to be easy to escape contractual liability, and proving that events were unforeseeable, for example, is difficult by design.

As time goes on, the world is becoming aware of natural threats we were previously ignorant of, such as solar flares, asteroids, pandemics, and super-volcanoes. We are also developing new human threats, such as cyber, nuclear, and biological warfare capabilities. These have raised questions about what is and is not "foreseeable" in a legal sense.

We are also becoming increasingly aware of human agency in events that have generally been considered "external" or acts of God, such as climatic and seismic events. Ongoing litigation is exploring questions of whether drilling and construction projects contributed to the very natural disasters that rendered them unworkable. In short, the concepts that underpin force majeure are shifting.
Peer comments on this reference comment:

agree AllegroTrans : Yes, a term with a good degree of fluidity
1 hr
indeed. The clause really needs to be spelled out
agree Eliza Hall
3 hrs
Thanks!
Something went wrong...
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