This question was closed without grading. Reason: Answer found elsewhere
Jan 10, 2012 18:03
12 yrs ago
1 viewer *
French term

prevalions/prevaloir

French to English Other Law: Contract(s)
Le fait que nous ne nous prévalions pas à un moment donné de l'une quelconque des conditions générales de vente ne peut être interprété comme signifiant sa renonciation à s'en prévaloir ultérieurement.

Thanks

Proposed translations

4 mins

asssert

I normally use "assert" "The fact that we do not at any given time assert any one of the general sales conditions may not be interpreted as a waiver to assert such condition it at a later time."



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Note added at 6 mins (2012-01-10 18:10:07 GMT)
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Sorry about the sloppy translation, I was rushing: "The fact that at any given time we do not assert any one of the general sales conditions may not be interpreted as a waiver to assert such condition at a later time."
Peer comment(s):

neutral Andrew Bramhall : 'such conditions' or 'such a condition' at a later time.
3 mins
neutral Tony M : I don't agree with OT's comment: once you have mentioned 'some specific condition', then 'such condition' following it and referring to the same again is OK, as if it were 'said condition'
8 mins
Something went wrong...
+5
10 mins
French term (edited): prevaloir

invoke

I find this is often a good solution with this kind of construction.

Peer comment(s):

agree kashew : goes with clauses in a contract
20 mins
Thanks, J!
agree philgoddard : Or enforce.
1 hr
Thanks, Phil! I'm not entirely sure if one can use 'enforce' for the clauses in a contract, but I freely admit this is outside my field.
agree AllegroTrans
5 hrs
Thanks, C!
agree MatthewLaSon
5 hrs
Thanks, Matthew!
agree Conor McAuley
18 hrs
Thanks, Connor!
Something went wrong...
22 mins

take advantage of

assert rather means "faire valoir"
so, "The fact that at any given time we do not take advantage of...
Peer comment(s):

neutral Tony M : I'm not so sure that this really fits in the formal register of the source text
1 hr
neutral AllegroTrans : OK in general speech but not in legal docs
5 hrs
Something went wrong...
6 hrs

Not invoking at any point on our part the...cannot be interpreted as...

Hello,

I agreed with Tony for the general meaning, but I thought I would propose a translation for how it should be worded (considering the phrase "Le fait que..." as a whole).

It's the subjunctive tense that is often used after "le fait que..." (i.e., "prevalions" here).

The "we" is carried over by "on our part" (not sure it is even necesssary if it is clearly implied in the context).



I hope this helps.
Something went wrong...
+1
7 hrs

exercise a right

In my experience, it is more common to speak of exercising a right or ommission to do so than of invoking a right, particularly in contractual legal lingo.
Peer comment(s):

agree rossignol
3 hrs
neutral Tony M : If it's a right, you exercise it; but here they're talking about terms and conditions, and you can't, unfortunately, 'exercise a condition'; invoking the condition might involve the exercising some particular right, of course ;-)
4 hrs
Something went wrong...
12 hrs
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