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suffer or incur proceedings

English translation: is the subject of proceedings

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:suffer or incur proceedings
Selected answer:is the subject of proceedings
Entered by: mike23

04:30 Apr 21, 2019
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: suffer or incur proceedings
What is the meaning of the phrase in the sentence? Any help will be appreciated. Many thanks.

Here is the context:

The Company may terminate this Agreement forthwith upon written notice to Supplier if any proceedings are instituted by or against Supplier in bankruptcy or other insolvency laws, or if proceedings for liquidation (except for the purposes of a bona fide reconstruction) or dissolution are instituted by or against Supplier, or if the Supplier has a receiver, administrative receiver or administrator appointed over the whole or any part of its assets, or if Supplier makes an assignment for the benefit of creditors or otherwise becomes insolvent, or if the Supplier suffers or incurs any analogous proceedings in any country.'
mike23
Poland
Local time: 10:36
is the subject of proceedings
Explanation:
In my opinion, "suffer or incur" is example of legalese, which tends to string synonyms together. It means "if similar proceedings are instigated by or against the company". I also think both "suffer" and "incur" are slightly odd choices of words.
Selected response from:

philgoddard
United States
Grading comment
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +4is the subject of proceedings
philgoddard
3 +1Tjey are part of a legal action, whether as the grievant or the defendant/accused
Sina Salehi


Discussion entries: 19





  

Answers


35 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Tjey are part of a legal action, whether as the grievant or the defendant/accused


Explanation:
https://www.google.com/amp/s/dictionary.cambridge.org/amp/en...

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Note added at 4 hrs (2019-04-21 09:25:44 GMT)
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Of course, any similar legal action

Sina Salehi
Iran
Local time: 13:06
Specializes in field
Native speaker of: Native in Farsi (Persian)Farsi (Persian)
Notes to answerer
Asker: Thank you!


Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: No. This would mean that if, for example, they brought insolvency proceedings against another company, the contract would be terminated. And "grievant/defendant/accused" are the wrong words to use.
9 hrs

neutral  Daryo: There must be a better formulation, but that's basically the meaning.
11 hrs

agree  Charles Davis: I think you have the right idea, but it needs to be expressed differently: "grievant" and "accused" are the wrong words here and you need to specify that it means a legal action for insolvency.
1 day 1 hr
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9 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
is the subject of proceedings


Explanation:
In my opinion, "suffer or incur" is example of legalese, which tends to string synonyms together. It means "if similar proceedings are instigated by or against the company". I also think both "suffer" and "incur" are slightly odd choices of words.

philgoddard
United States
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Notes to answerer
Asker: Thank you!


Peer comments on this answer (and responses from the answerer)
agree  Tina Vonhof
1 hr

disagree  Daryo: You can not play that kind of games with legalese. These are not synonyms.
1 hr

agree  Björn Vrooman: I'll put an agreement in your Easter basket because of that unjustified criticism. See https://www.adamsdrafting.com/suffer for why incur is OK (and your 1st sentence is fine) and 1st ex. at https://www.lawinsider.com/clause/analogous-proceedings
3 hrs
  -> Thank you! I'm sure Daryo was about to explain why my answer is wrong, but got distracted.

agree  AllegroTrans: I don't think there is any game being played here
10 hrs

agree  Charles Davis: I think the gloss in your explanation, "if similar proceedings are instigated by or against the company", is the intended meaning.
16 hrs

agree  Robert Forstag
22 hrs
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