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without being exempt from his/her obligation

English translation: without prejudice to his/her obligation

08:25 Oct 3, 2017
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s) / Contract for works
English term or phrase: without being exempt from his/her obligation
Is there a standard, commonly-used wording for this idea that sounds a bit tidier in my context? This is what I have put and, although the translation feels right, I just want to know if anybody can restructure this, or even let me know if it would help to alter another part instead. Or maybe it sounds normal after all?

The Contractor shall comply with the provisions laid down by the Purchaser on any matter relating to the Works, whether mentioned or not mentioned in the contract. In the event that the Contractor deems the Purchaser's provisions to be unjustified or inappropriate, he/she has the right to object in writing without being exempt from his/her obligation to carry out the instructions unless they contravene with provisions laid down by law.
Lara Barnett
United Kingdom
Local time: 00:53
Selected answer:without prejudice to his/her obligation
Explanation:
without prejudice to his/her obligation=the given situation does not change or affect his her/obligation.
This is a common phrase in legal and contract texts I have run into and dealt with several times.

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Note added at 58 mins (2017-10-03 09:23:52 GMT)
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To writeaway: The legalese added is not irrelevant and conveys the same tenet in technical terms!
Selected response from:

Morad Seif
Iran
Local time: 04:23
Grading comment
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +3without prejudice to his/her obligation
Morad Seif
4 +2but will not be exempt from their obligation
Mark Nathan
3 +2without compromising/affecting his/her obligation
mike23
4 +1it will
philgoddard


Discussion entries: 2





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
but will not be exempt from their obligation


Explanation:
It seems odd that the Contractor could become exempt from their obligations simply by objecting.

Mark Nathan
France
Local time: 01:53
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
neutral  writeaway: the English admittedly seems to be a literal translation from whatever language, but you've misread it: he/she has the right to object in writing without being exempt from his/her obligation t
26 mins
  -> OK, but it still sounds slightly off to me

agree  Yvonne Gallagher: the contractor doesn't become exempt by objecting but nevertheless (or meanwhile, while awaiting response to objection) must fulfil its/their obligation
4 hrs

agree  Tina Vonhof: Maybe 'must in the meantime fulfill their/its obligation'.
1 day 7 hrs
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34 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
it will


Explanation:
I don't disagree with Mark's answer, but the whole sentence can be expressed much more concisely in English:

"If the contractor deems the purchaser's instructions to be unjustified or inappropriate, it may object in writing. However, it will carry them out unless they are in breach of the law."

The whole sentence seems rather a strange thing to say. If the contractor has to carry out these instructions anyway, what is the purpose of objecting?

One other point: unless the parties are individuals, you should refer to them as "it" rather than 'he/she".





philgoddard
United States
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Notes to answerer
Asker: Thanks, but I am unclear if you are saying the phrase about "being exempt" should be omitted entirely to be replaced by this. Is that what you are saying?


Peer comments on this answer (and responses from the answerer)
agree  Mark Nathan: the point of objecting is to cover themselves in the event that the Purchaser's instructions turn out to be problematic
22 mins
  -> Yes, you're right. Thanks.
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48 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
without prejudice to his/her obligation


Explanation:
without prejudice to his/her obligation=the given situation does not change or affect his her/obligation.
This is a common phrase in legal and contract texts I have run into and dealt with several times.

--------------------------------------------------
Note added at 58 mins (2017-10-03 09:23:52 GMT)
--------------------------------------------------

To writeaway: The legalese added is not irrelevant and conveys the same tenet in technical terms!

Example sentence(s):
  • https://www.collinsdictionary.com/dictionary/english/without-prejudice-to
  • https://books.google.co.uk/books?id=4twwAAAAIAAJ&pg=PA163&lpg=PA163&dq=without+prejudice+to+his+obligations&source=bl&ots=7h03SAiwDt&sig=uPNQ31oiCP6gSRar5rPu40XT3eM&hl=en&sa=X&ved=0ahUKEwjBwLjpjNTWAhXDbVAKHUwbDlQQ6AEIUjAH#v=onepage&q=without%20prejudice%2
Morad Seif
Iran
Local time: 04:23
Native speaker of: Persian (Farsi)
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Port City: This is a commonly used expression when the clause where the expression appears does not affect the person's obligation mentioned elsewhere.
11 hrs
  -> That's right. Thanks.

agree  mike23: This is correct I think. You can see this phrase used in such a context. https://tinyurl.com/yannoevz
22 hrs
  -> So pertinent. Thank you!

agree  Tina Vonhof: I would use this legal term only if it concerns a large, maybe longterm, transaction between large companies.
1 day 7 hrs
  -> Thanks so much. It seems so; in fact, for the first time I ran into the legalese when translating the text of a Mega-project contract for a General Contractor.
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23 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
without compromising/affecting his/her obligation


Explanation:
without compromising/affecting his/her/their obligation

This is the simplest thing you can do to express the same as the original and keep the flow of the sentence.

mike23
Poland
Local time: 01:53
Specializes in field
Native speaker of: Native in PolishPolish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Morad Seif: also, correct.
6 hrs
  -> Thank you.

agree  Tina Vonhof: A simple, straightforward way of putting it.
8 hrs
  -> Yes. In simplicity there is value. Thank you.
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