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  3. Law: Contract(s)

mise hors de cause

23:46 Jan 21, 2006
This question was closed without grading. Reason: Answer found elsewhere

French to English translations [PRO]
Law/Patents - Law: Contract(s) / Author\\\'s Royalties
French term or phrase: mise hors de cause
In the introductory phrase and sentence of a Paris Court of Appeals document, as follows: "Sur la demande de mise hors de cause de la societe XX: Dit n'avoir lieu a mise hors de cause," an author was seeking an annulment of a clause in the contract he had with this publishing company regarding the initial royalties agreement. I, so far, would translate this as the publishing company seeking "exoneration" from the court regarding their legal obligation to correspond with the annulment of the contractual clause. Is there a better word or phrase in this particular case? I have just seen this translated elsewhere on this site as "exonerated," but how about here?
Barbara Cochran, MFA
United States
Local time: 01:33


Summary of answers provided
3 +2exculpation
Bourth (X)
4 +1relieved from the contestation
Abdellatif Bouhid
5dismissal from the cause
Jana Cole (X)
3 +1dismiss a case
Monika Lebenbaum (X)
3see explanation
Charlotte Allen


  

Answers


23 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
exculpation


Explanation:
I'm afraid I'm not sure what your question means. "exoneration" could be taken to mean that the company was exonerated from having to pay royalties. To me, "mettre hors cause" implies making a statement that someone is not liable or responsible or guilty of committing an act attributed to them. Your question does not make it clear - to me - what exactly anyone is to be "mis hors cause" for. I don't see the connection with the author seeking annulment of the clause (other than by reading a lot between your lines).

Based on my interpretation of the information given, "exculpation" seems like a likely candidate, but could only be confirmed with more info.

Bourth (X)
Local time: 07:33
Native speaker of: Native in EnglishEnglish
PRO pts in category: 413

Peer comments on this answer (and responses from the answerer)
agree  sarahl (X)
2 hrs
agree  Sylvia Smith
7 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
relieved from the contestation


Explanation:
1. Subject Field(s)
– Phraseology
– Decisions (Litigation)

Subject Field(s)
– Phraséologie
– Jugements (Droit judiciaire)

relieved from the contestation Source hors de cause Source CORRECT
OBS – Se dit d'un parti qui [...] est écarté de l'instance Source

Abdellatif Bouhid
Local time: 01:33
Specializes in field
Native speaker of: Native in ArabicArabic, Native in FrenchFrench
PRO pts in category: 39

Peer comments on this answer (and responses from the answerer)
agree  Sylvia Smith
6 hrs
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1 hr   confidence: Answerer confidence 5/5
dismissal from the cause


Explanation:
From the Grand dictionnaire terminologique

Jana Cole (X)
Local time: 22:33
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
dismiss a case


Explanation:
Other possibility: "Declare an appeal inadmissible" since they are adressing an appeal court.
However, I agree with Bourth, that it´s not really clear "what exactly anyone is to be "mis hors cause" for".


--------------------------------------------------
Note added at 1 hr (2006-01-22 01:13:22 GMT)
--------------------------------------------------

Sorry, I mean "dismiss the case".

Monika Lebenbaum (X)
Local time: 07:33
Works in field
Native speaker of: Native in SwedishSwedish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Denise DeVries
1 hr
  -> Thanks Denise!
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18 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
see explanation


Explanation:
I am fairly sure that 'mise hors de cause' is not being used in the sense of 'exoneration' in this instance.

I believe that it means that the party asking to be 'mise hors de cause' is actually asking the court to say that they have 'no case to answer' in these proceedings.

This could be, for example, because the claimant has inadvertently issued a writ to 'ABC Holdings Ltd', when the company it actually has a cause of action against is 'ABC Ltd', a related company. 'ABC Holdings Ltd' would then have a valid motive for asking to be 'mise hors de cause'. Or, for example, the claimant has issued a writ against an individual, when in fact the individual was acting as a representative of a company when the alleged damage occurred, and it should therefore be the company that is sued.

Another example would be if the claimant was bringing an action on the basis of a contract, and the defendant was not a party to that contract - they could then legitimately ask to be 'mise hors de cause'.

In other words, the party making the motion is saying 'There are no grounds for me to be in court at all.' They are not saying 'I didn't do what I'm accused of' or 'I wasn't responsible for the loss'.

I don't know how this relates to your context, but I'm fairly sure it is what is meant by this phrase. As for a translation, I have not had time to come up with the appropriate phrase, but something along the lines of 'exclusion/excluded from the proceedings' might work. I might be able to come up with more information a bit later.

Charlotte Allen
United Kingdom
Local time: 06:33
Specializes in field
Native speaker of: English
PRO pts in category: 90
Grading comment
Thank you for your comprehensive notes regarding the translation of "mise hors de cause." "No case to answer" doesn't really fit here because the publishing company was a party to a contract with the author. Also, based on two other translators' and my own, in the first place, inclination to use "exonerated," I have decided to go with that in this case. I did learn a lot from your comments, however, and have made a note of your notes. Thanks.
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The asker has declined this answer
Comment: Thank you for your comprehensive notes regarding the translation of "mise hors de cause." "No case to answer" doesn't really fit here because the publishing company was a party to a contract with the author. Also, based on two other translators' and my own, in the first place, inclination to use "exonerated," I have decided to go with that in this case. I did learn a lot from your comments, however, and have made a note of your notes. Thanks.



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