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déchirement
brèche de la vérité

Glossary entry

French term or phrase:

non réalisation de manière anticipée

English translation:

failure to carry out a prior [study]

Added to glossary by helena barham
Apr 9, 2009 16:38
15 yrs ago
5 viewers *
French term

non réalisation de manière anticipée

French to English Bus/Financial Law (general)
non réalisation de manière anticipée de l'étude relative à l'amélioration de la voierie.

A company is claiming damages for various reasons one of which is the above.
Proposed translations (English)
3 +1 failure to carry out a prior [study]
4 +1 non-performance as expected/agreed
3 +1 failure to produce expected.../ non-fulfillment of expected...
4 non-performance of study agreed upon
4 was not completed ahead of schedule
3 study was not completed in preparation for road network improvements
Change log

Apr 10, 2009 13:07: Yolanda Broad changed "Level" from "Non-PRO" to "PRO"

Discussion

MatthewLaSon Apr 11, 2009:
Hello again I can tell you that "de manière anticipée" means "anticipitavement", which means "before" or "in anticipation for." Perhaps it means that the study was not completed in preparation for the road network improvements
helena barham (asker) Apr 11, 2009:
More context I don't have any more text than that on the subject. This is a letter from the a lawyer to the client.I have come up with ... A prior/early study was not carried out regarding/with regard to the improvements to the site's roads.
Nikki Scott-Despaigne Apr 11, 2009:
two problems in this extract Failure to/ non performance of…. That’s one decision to be made. The greater difficulty is how to integrate the idea of “de manière anticipée”. Expected can be ruled out in my view, too literal, a faux-ami. “Prévu” wld have bn used . “De manière anticipée” conveys a meaning of earlier, previously, prior to. Perhaps even ahead of schedule, possible. Fuller context required. Need to have fuller details of contractual provisions to get the story right!
MatthewLaSon Apr 11, 2009:
amendment to an agreement Perhaps that it is why the the study was to have been done ahead of schedule. That's possible, imho.
helena barham (asker) Apr 9, 2009:
Thank you both. I'm going to sleep on it! I'm sure it will be perfectly clear tomorrow!
Angel_7 Apr 9, 2009:
I think Helena it is referring to the fact that certain terms were agreed between the company and client before the contract. The client presumably did not fulfil these. So "agreed" is probably better than expected.
Silvia Brandon-Pérez Apr 9, 2009:
Perhaps you need to go around it and say something such as : in the manner expected or contemplated, i.e. non-performance of the study in the manner anticipated.
helena barham (asker) Apr 9, 2009:
"anticipée" is troubling me somewhat which is why I am mulling it over and not commenting! I appreciate all the help.

Proposed translations

+1
26 mins
Selected

failure to carry out a prior [study]

The term "performance" is generally used in the noun form when describing either "part performance" or "specific performance" both of which are remedies available to a court when a party to a contract has failed to carry out his obligations under the contrat. It is certainly possibl to describe a party as having failed to perform one of the obligations, temrs, conditions of whatever under the contract. I admit that "non-performance" sounds odd to me!
I would suggest expressing it quite differently, more simply, in ordinary English and keep the word "performance" to describe a remedy.

Oxford Dictionary of Law
Curzon Dictionary of Law

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Note added at 35 mins (2009-04-09 17:13:33 GMT)
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The ordinary reading of something which is being done "de manière anticipée" means beforehand. Adopting the English meaning of "anticipated" is risky here as it leads to something which is expected, not quite the same thing - paronymous, not synonymous!

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Note added at 1 hr (2009-04-09 17:46:38 GMT)
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Be careful, as your original states : "de manière anticipée" not "de la manière anticipée", not the same thing! You cannot read "in the way expected" into the former.

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Note added at 1 hr (2009-04-09 17:52:00 GMT)
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The accent is to be placed on the fact that whatever was to be carried out, was to be done so previously, beforehand, prior to... The perfect ordinary legal example in France in consumer credit contexts, for example, when a borrower reimburses a loan "de manière ancitipée", before the due date. The expression aways stuck in my mind, as in France, there are penalties to be paid, as the lender considers he loses out on interest he would have earned otherwise. In England you can, or could in the past, negotiate a reduction for advanced settlement.

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Note added at 1 hr (2009-04-09 17:55:07 GMT)
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Ditto contracts of employment, if an employee does not see the term of a fixed-temr contract through to the end, it is said to have been been "rompu de manière anicipée". I really wouldn't like you to make the mistake of using a synonym of "expected" as it would be a mistranslation here!

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Note added at 1 day16 hrs (2009-04-11 09:25:14 GMT)
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Note that if the original had intended to attribute the meaning "expected" to the term "de manière anticipée", the word "prévu" wold have been used.
Two questions here :
1-choice between "failure to perform" and "non performance"
2-rendering of "de manière anticipée" ; placing it in the sentence.
Perhaps more detail needed. Need fuller details of the story here to understand.
Note from asker:
Thank you.
Peer comment(s):
agree Angel_7 : Yet non-performance and failure to perform a contract are also well-known. Check online and in legal books
2 mins
The negative « non performance » much less common in English legal texts than « breach of contract » or something along the lines of « failure to perform… ». More often found in its positive form, to describe one of the remedies available to a court.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you for your help."
+1
22 mins

failure to produce expected.../ non-fulfillment of expected...

I don't think that a word beginning with "non-" is requisite in the target language simply because it's in the source language, so I would use the "failure" expression. But if you feel you should use "non-", I thought fulfillment was an accurate term.
Note from asker:
Thank you.
Peer comment(s):
neutral Angel_7 : Yes, but surely if you use failure it would be "failure to perform" as "contract performance" is a well known legal phrase
4 mins
thank you for suggesting that...I was focused only on use of "failure", and forgot you're not in my head :)
agree Nikki Scott-Despaigne : Great minds think alike, with reserves about the use of "expected".
5 mins
Something went wrong...
+1
3 mins

non-performance as expected/agreed

In other words, the client didn't perform the contract as expected or agreed.

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Note added at 17 mins (2009-04-09 16:55:08 GMT)
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Silviantonia, if you read my comment it explains that we are talking here about the contract not being performed as expected. It is then up to the translator to word it as required. You could have added a note to my answer if you were concerned.

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Note added at 31 mins (2009-04-09 17:09:56 GMT)
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Check various online sources for the use of "non-performance", by googling "non-performance of contract". Here's an example here
http://books.google.co.uk/books?id=pQQCQRIEGokC&pg=PA120&lpg...
but there are many others.
Note from asker:
Thank you.
Peer comment(s):
agree Victoria Porter-Burns : "As agreed" I would say//and 'failure to carry out' rather than 'perform', maybe?
35 mins
Something went wrong...
9 mins

non-performance of study agreed upon

If you say, as expected or agreed, it sounds as though the non-performance was agreed upon.

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Note added at 9 mins (2009-04-09 16:47:47 GMT)
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Or of study as had been contemplated.

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Note added at 57 mins (2009-04-09 17:35:04 GMT)
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Based on your question to the forum, I would change this to: non-performance (of study) in the manner agreed upon or anticipated (or contemplated).

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Note added at 58 mins (2009-04-09 17:36:17 GMT)
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Or failure to perform (a study) in the manner contemplated.
Note from asker:
Thank you.
Peer comment(s):
neutral Angel_7 : yes, but "de l'étude" wasn't included in the translation that was requested
2 mins
You are right, but I had to show what was meant... and I don't think the 'as expected/agreed' does that. It creates misunderstanding.
Something went wrong...
11 hrs

was not completed ahead of schedule

Hello,

The study to improve the road networks was not completed ahead of schedule. In other words, someone is saying that they did things ahead of schedule, which the other party is claiming to be false.

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Note added at 12 hrs (2009-04-10 04:39:55 GMT)
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If a payment "se fait de manière anticipée", it means that it was made in advance/ahead of schedule. I've never seen it used to mean anything but...

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Note added at 1 day8 hrs (2009-04-11 01:32:51 GMT)
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Perhaps there was an amendment to the agreement that the study was to have been completed ahead of schedule.
Peer comment(s):
neutral Nikki Scott-Despaigne : Ahead of time, prior... In context, a claim for damages would not be undertaken for failure to complete a study AHEAD of schedule as there is no breach unless there is failure to complete ON time. We agree that "expected" no poss., erroneous in my opinion
6 hrs
Thanks, Nikki. I understand your point, but there may be some special reason as to why this study was to be carried out ahead of schedule. We need more context to figure this out. I still don't think that "expected" is the idea here, imho.
Something went wrong...
1 day 22 hrs

study was not completed in preparation for road network improvements

Hello,

Perhaps that's what they mean by "de manière anticipée" (in preparation for). I think this would make sense.

I hope this helps.
Note from asker:
Thank you . Every little bit helps!
Something went wrong...
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