...mais l'application,

English translation: Null/void... application...

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:...mais l'application,
English translation:Null/void... application...

10:29 Jun 15, 2014
    The asker opted for community grading. The question was closed on 2014-06-19 07:54:10 based on peer agreement (or, if there were too few peer comments, asker preference.)


French to English translations [PRO]
Law/Patents - General / Conversation / Greetings / Letters / Contract between producer of Dolomite and supplier
French term or phrase: ...mais l'application,
This falls under the article title of "Miscellaneous provisions", following those of "Force majeure" and "Unexpected events". I cannot seem to make sense of this part of the sentence in order to connect it properly to the other phrases. The sentence follows below with my attempt at the full translation:

"La nullité éventuelle de l'une des clauses du présent contrat n’entrainera pas la nullité des autres dispositions, mais l'application, le cas échéant, de la clause d’imprévision reprise ci- dessus à l’article 10."

"The potential nullification of any of the clauses in this contract shall not lead to nullification of the other provisions, except where an application is necessary of the clause for “Unexpected events” covered above in Article 10."

Is there something missing, or have I misunderstood its usage? Or is it correct after all?
Lara Barnett
United Kingdom
Local time: 18:57
Null/void... application...
Explanation:
“Should one of the clauses herein be rendered null, this shall not render null other contractual provisions, but may give rise to the application of the (un)foreseeability provision set out in article 10 above”.

I think there is a term for "clause d'imprévision" which, for the life of me, I cannot find right now. However, this is to do with foreseeability/unforseeability (a big thing in English law, what with that and the "reasonable man", as any UK law student will know!) . It depends how you have termed the famous "unexepcted events" clause. That term will not do, by the way. The term is as mentionend above. I think that (hang on..., let me scroll up...) Yes, John has the same term too. It really is standard in such circumstances. My suggestion needs a little tweaking here and there but there really is no wizardry in the original. ;-)
Selected response from:

Nikki Scott-Despaigne
Local time: 19:57
Grading comment
Thank you.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +3Null/void... application...
Nikki Scott-Despaigne
4but, if appropriate, would cause the contingency clause to apply
Francis Marche
4the unforeseen events clause shall apply
John Farebrother
4(except in the case where) the application of the clause....p
Yvonne Gallagher
4but possible enforcement
Peter LEGUIE


Discussion entries: 20





  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
but possible enforcement


Explanation:
This includes "le cas échéant".

Peter LEGUIE
Local time: 19:57
Works in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
Notes to answerer
Asker: "Enforcement" is useful, but there is not connecting paragraph for use after "but", how would that work?

Login to enter a peer comment (or grade)

12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
(except in the case where) the application of the clause....p


Explanation:
the potential nullification of any of the clauses in this contract shall not lead to nullification of the other provisions, except in the case where the of the clause for “Unexpected events” covered above in Article 10 is necessary/required."

--------------------------------------------------
Note added at 24 mins (2014-06-15 10:53:34 GMT)
--------------------------------------------------

basically, what it's saying is that just because one clause is nullified doesn't mean the whole contract is terminated. Force majeure and unexpected event clauses usually give reasons why there is no breach or infraction to be considered because of events beyond control.

Obviously if Article 10 is applied in some cases it DOES impact on other clauses or indeed on the contract as a whole (if a rescission clause)

--------------------------------------------------
Note added at 25 mins (2014-06-15 10:54:51 GMT)
--------------------------------------------------

no, you've got the meaning and I would not use "but" either.

--------------------------------------------------
Note added at 32 mins (2014-06-15 11:02:10 GMT)
--------------------------------------------------

typo just spotted in second line. Should read (.... the case where) the clause for "unexpected events"...

I might use "provided for " instead of "covered"

--------------------------------------------------
Note added at 1 hr (2014-06-15 11:58:54 GMT)
--------------------------------------------------

"except where/except in the case where ..." are perfectly OK imo here. = If this happens, then...

Yvonne Gallagher
Ireland
Local time: 18:57
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 80
Notes to answerer
Asker: So I have not misunderstood the phrase?

Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
the unforeseen events clause shall apply


Explanation:
the remaining provisions of the contract shall not be void

John Farebrother
United Kingdom
Native speaker of: English
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
nullité...l'application... imprévision
Null/void... application...


Explanation:
“Should one of the clauses herein be rendered null, this shall not render null other contractual provisions, but may give rise to the application of the (un)foreseeability provision set out in article 10 above”.

I think there is a term for "clause d'imprévision" which, for the life of me, I cannot find right now. However, this is to do with foreseeability/unforseeability (a big thing in English law, what with that and the "reasonable man", as any UK law student will know!) . It depends how you have termed the famous "unexepcted events" clause. That term will not do, by the way. The term is as mentionend above. I think that (hang on..., let me scroll up...) Yes, John has the same term too. It really is standard in such circumstances. My suggestion needs a little tweaking here and there but there really is no wizardry in the original. ;-)

Nikki Scott-Despaigne
Local time: 19:57
Native speaker of: Native in EnglishEnglish
PRO pts in category: 115
Grading comment
Thank you.

Peer comments on this answer (and responses from the answerer)
agree  Tim Webb: The excellent resource you give in the DB suggests "Frustration" for clause d'imprévision. And talking of frustration, I feel sure that "and will give rise" is better than "but will give rise", but I just can't explain why!!
3 hrs

agree  Victoria Britten
4 hrs

agree  B D Finch: You go beyond the call of duty or KudoZ! "Clause d'imprévision" > hardship clause?
5 hrs
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
but, if appropriate, would cause the contingency clause to apply


Explanation:
For a start, translating "nullité éventuelle" as "potential nullification" does not put you on track. "éventuelle" would be better translated as "In the event of " / "in case of" or perhaps "where any one clause of the agreement is deemed null and void, ..."

And "clause d'imprévision" is the "contingency clause".

"Le cas échéant" = if appropriate / as appropriate

In substance : "The nullification of any one clause of this agreement shall not entail the nullification of the other clauses but, if appropriate, would cause the contingency clause to apply, in reference to Art. 10 above"






--------------------------------------------------
Note added at 4 hrs (2014-06-15 15:05:27 GMT)
--------------------------------------------------

Other E term for "clause d'imprévisibilité"/ "clause d'imprévision" = the hardship clause

--------------------------------------------------
Note added at 4 hrs (2014-06-15 15:06:48 GMT)
--------------------------------------------------

http://www.businessdictionary.com/definition/hardship-clause...


Francis Marche
France
Local time: 19:57
Works in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 15

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: Not sure about "contingency clause" as a contingency requries a specific condition to be met. Something which is "imprévu" (unforseeable) is by nature not something to which an identified condition can be attached as it is, by its very nature, unknown.
1 hr
  -> "Contingencies" = "Imprévus" in contracts AND project budgets. It may cover events budgeted and provisoned as "imprévus" (from the failure to secure a bank loan to exceptional weather conditions, etc.)
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search