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  3. Law: Contract(s)

Faits et cause

English translation: Duty to defend

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:Faits et cause
English translation:Duty to defend
Entered by: Tara Salman (X)

01:00 Aug 6, 2019
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Contract Agreement
French term or phrase: Faits et cause
Heading of a section in a contract agreement.
Tara Salman (X)
Canada
Local time: 16:47
Duty to defend
Explanation:
Given the context you provided in the discussion, this means that the manufacturer agrees to take the side of the distributor in the event that any third party sues the distributor for any of the things listed afterwards ("un défaut de sécurité ou un vice caché de tout ou partie des produits ou encore basée sur la violation, réelle ou appréhendée d'un brevet, d'une marque de commerce" etc.).

You see this phrase a lot in French insurance cases: "L’assureur est tenu de prendre faits et cause pour toute personne qui a droit au bénéfice de l’assurance et d’assumer sa défense pour toute action dirigée contre elle." http://fr.condolegal.com/assurances/chroniques/clement-lucas...

In that context the English is much more succinct: insurers have a duty to defend their insureds (the people/companies who have insurance policies). In the insurance context that actually means the insurer has to pay legal fees for the defense, but that is insurance-specific; in a context like yours, Tara, it would not mean that unless there were other language like "indemniser" in the original.

In this case it likely just means that the manufacturer agrees to assist the distributor with its defense (for instance, by providing evidence that may help and certainly by not assisting or joining with the plaintiff in any such lawsuit).

Selected response from:

Eliza Hall
United States
Local time: 16:47
Grading comment
Thanks Eliza! I left it more literally as "Facts and Cause", just because I had to hand in the job before you answered. I'd give you more points if I could :)
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1Duty to defend
Eliza Hall
3 -1Reasons
David Hollywood


Discussion entries: 3





  

Answers


11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
Reasons


Explanation:
Les faits et causes ayant conduit à déclarer non susceptible d'appel le jugement de divorce rendu en première instance, [...] arabhumanrights.org
The reasons for excluding appeals in the case of divorce judgements delivered at first instance lie in the fact that a divorced [...]

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Note added at 12 mins (2019-08-06 01:12:44 GMT)
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might work as a heading depending on the surrounding context

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Note added at 14 mins (2019-08-06 01:14:34 GMT)
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otherwise "facts and circumstances"

David Hollywood
Local time: 17:47
Native speaker of: English
PRO pts in category: 54

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: any refs other than Linguee?
8 hrs
neutral  AllegroTrans: as a heading in acontract? It might be but I think unlikely and anyway there are two terms here
8 hrs
disagree  Eliza Hall: Now that we have more context from the asker, this is clearly wrong.
1 day 16 hrs
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1 day 16 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Duty to defend


Explanation:
Given the context you provided in the discussion, this means that the manufacturer agrees to take the side of the distributor in the event that any third party sues the distributor for any of the things listed afterwards ("un défaut de sécurité ou un vice caché de tout ou partie des produits ou encore basée sur la violation, réelle ou appréhendée d'un brevet, d'une marque de commerce" etc.).

You see this phrase a lot in French insurance cases: "L’assureur est tenu de prendre faits et cause pour toute personne qui a droit au bénéfice de l’assurance et d’assumer sa défense pour toute action dirigée contre elle." http://fr.condolegal.com/assurances/chroniques/clement-lucas...

In that context the English is much more succinct: insurers have a duty to defend their insureds (the people/companies who have insurance policies). In the insurance context that actually means the insurer has to pay legal fees for the defense, but that is insurance-specific; in a context like yours, Tara, it would not mean that unless there were other language like "indemniser" in the original.

In this case it likely just means that the manufacturer agrees to assist the distributor with its defense (for instance, by providing evidence that may help and certainly by not assisting or joining with the plaintiff in any such lawsuit).



Eliza Hall
United States
Local time: 16:47
Specializes in field
Native speaker of: English
PRO pts in category: 60
Grading comment
Thanks Eliza! I left it more literally as "Facts and Cause", just because I had to hand in the job before you answered. I'd give you more points if I could :)

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: "undertakes to defend" (short version); "undertakes to defend the interests of the distributor" (long version)
1 hr
  -> That's how it would be said in the body of the contract. This, however, is the header.
agree  B D Finch
17 hrs
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