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  3. Law: Contract(s)

(to be)

English translation: to be

11:16 Feb 5, 2005
English language (monolingual) [PRO]
Bus/Financial - Law: Contract(s) / contracts, agreements
English term or phrase: (to be)
... is considered (to be) the property of ...

Which of the versions should I (you recommend) use in contracts?

TIA


Google Statistics:
> Results 1 - 100 of about 3,530 for "is considered the property of".
> Results 1 - 100 of about 626 for "is considered to be the property of".
Igor Kreknin
Local time: 15:31
Selected answer:to be
Explanation:
Just as Debbie offers the word "deemed", so would I: just as sure as Debbie, I am quite as certain that I WOULD use the "to be". It's just a question of style - legal sytle however tends IMO to include these "unnecessary" little bits. I guess you should now wait for "legal advice".....
Selected response from:

David Moore (X)
Local time: 14:31
Grading comment
Debbie, your answer is correct and absolutely complete and utterly useful, but sorry (I may be wrong), I share David's opinion (I'm not a native, but now I see I wasn't far from the mark):
> I am quite as certain that I WOULD use the "to be". It's just a question of style - legal sytle however tends IMO to include these "unnecessary" little bits.

Thanks, Debbie!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5 +5considered (or deemed)
Deborah do Carmo
5 +1to be
David Moore (X)


Discussion entries: 2





  

Answers


10 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
to be


Explanation:
Just as Debbie offers the word "deemed", so would I: just as sure as Debbie, I am quite as certain that I WOULD use the "to be". It's just a question of style - legal sytle however tends IMO to include these "unnecessary" little bits. I guess you should now wait for "legal advice".....

David Moore (X)
Local time: 14:31
Works in field
Native speaker of: English
PRO pts in category: 26
Grading comment
Debbie, your answer is correct and absolutely complete and utterly useful, but sorry (I may be wrong), I share David's opinion (I'm not a native, but now I see I wasn't far from the mark):
> I am quite as certain that I WOULD use the "to be". It's just a question of style - legal sytle however tends IMO to include these "unnecessary" little bits.

Thanks, Debbie!

Peer comments on this answer (and responses from the answerer)
agree  juvera
4 hrs
Login to enter a peer comment (or grade)

2 mins   confidence: Answerer confidence 5/5 peer agreement (net): +5
considered (or deemed)


Explanation:
Hi Igor,

Just a personal preference....the "to be" is actually superfluous in these type of sentences.

You can consider the use of "deemed" instead of "considered" as well in most cases.

Bye for now
Debbie

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Note added at 39 mins (2005-02-05 11:56:13 GMT)
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On the question of \"legal advice\".... I am a qualified and practising lawyer....David is quite correct....this is just a matter of style...unfortunately a lot of my legal colleagues never revisit their texts (contracts etc) and get rid of the redundancy and as a result some of this legalese mannerisms become entrenched....in this particular case nothing turns on it, you are quite safe either way

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Note added at 40 mins (2005-02-05 11:57:22 GMT)
--------------------------------------------------

these mannerisms........she said after not revisiting her text..:-)

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Note added at 1 hr 35 mins (2005-02-05 12:52:04 GMT)
--------------------------------------------------

Just a note on the is/shall be issue

If something IS considered/deemed the property of....it is already deemed the property of....it is statement that a legal relationship is in place

e.g. Windows is considered the property of the corporation Microsoft

If something SHALL BE considered/deemed the property of the implication it will henceforth be considered the property of XXXX upon the conclusion of a prerequisite legal act

eg XXXX shall be considered/deemed the owner from the date of signature hereof and once the full purchase price has been received ....

Shall be....indicates suspensive conditions for fulfilment, once fulfilled xxx is considered.

Deborah do Carmo
Portugal
Local time: 13:31
Specializes in field
Native speaker of: English
PRO pts in category: 27

Peer comments on this answer (and responses from the answerer)
agree  cmwilliams (X): and perhaps 'shall be considered/deemed...' instead of 'is'.
19 mins
  -> thanks - depends on whether consideration has already been given and it is thus already deemed or whether after/upon conclusion of the legal act in question (eg the contract) it will then be deemed, judgement call from case to case but good point to make.
agree  Misiaczek: i opt for shall be as well!
1 hr
  -> thanks - you can't opt though until you are certain when the "consideration" of something as something was finalised - can be quite an issue in a later dispute between the parties...is a judgment call in each case from the context...thanks for the vote
agree  Alexander Demyanov
1 hr
  -> thanks Alexander!
agree  Madeleine MacRae Klintebo
1 hr
  -> Thanks Madeleine
agree  Vita Merkulova
2 hrs
  -> Thanks a lot!
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