se servent mutuellement de cause
| 13:52 Sep 13, 2019 |
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| French to English translations [PRO] Law/Patents - Law: Contract(s) / Only one answer will do | |||||||
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| 4 | [all clauses] serve as consideration for each other, such that... [see explanation] |
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| Discussion entries: 3 | |
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Answers
3 hrs confidence: 
[all clauses] serve as consideration for each other, such that... [see explanation] Explanation: Here's what that actually means: "All the clauses of the transactional protocol serve as consideration for each other, such that one party's failure to fulfill its obligations relieves the other party of its obligations." The previous ProZ translation is incorrect. The point isn't that the clauses are nonseverable, but that Party A's contractual obligations are dependent on Party B's carrying out their own contractual obligations, and vice-versa -- in other words if B fails to do what they're supposed to, then A is not obligated to do what the contract says A is supposed to do. And vice-versa. When the parties' obligations "se servent mutuellement de cause," it means you have what's called a synallagmatic contract (https://en.wikipedia.org/wiki/Synallagmatic_contract). Look for the "se servent mutuellement de cause" language here to confirm what that means: http://www.cours-de-droit.net/la-distinction-contrat-synalla... -------------------------------------------------- Note added at 1 day 23 hrs (2019-09-15 13:47:47 GMT) -------------------------------------------------- PS an explanation of what "consideration" is in Anglo-American contract law, so you can see why that's the term used in my translation: https://www.rocketlawyer.com/article/what-is-consideration-c... |
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