Glossary entry (derived from question below)
French term or phrase:
obligation de moyens
English translation:
best efforts obligation, best endeavours obligation
Added to glossary by
Charles Hawtrey (X)
Jul 11, 2009 09:57
15 yrs ago
23 viewers *
French term
moyens
French to English
Other
Computers: Systems, Networks
Dans le cadre de l'obligation générale de moyens, le Fournisseur s'oblige à tout mettre en oeuvre pour assurer la meilleure régularité de ses services Informatiques.
Proposed translations
(English)
4 +3 | best efforts obligation, best endeavours obligation | Charles Hawtrey (X) |
3 | means | Denise Idel |
References
obligation de moyens | David Goward |
obligation de moyens | Charles Hawtrey (X) |
obligation de moyens | cmwilliams (X) |
Change log
Jul 25, 2009 18:30: Charles Hawtrey (X) Created KOG entry
Proposed translations
+3
4 hrs
French term (edited):
obligation de moyens
Selected
best efforts obligation, best endeavours obligation
From IATE, http://iate.europa.eu/iatediff/SearchByQueryEdit.do:
<p>
best efforts obligation: "As a standard, a best efforts obligation is stronger than a good faith obligation. Best efforts are measured by the measures that a reasonable person in the same circumstances and of the same nature as the acting party would take."
Context Ref.: Black's Law Dictionary, Eighth Edtion, Bryan A. Garner ISBN-314-15199-0
<p>
best endeavours obligation: "Originally an obligation to use 'best endeavours' was extremely onerous. The obligation did not mean that “the limits of reason” had to be overstepped with regard to the performance of the obligation. However, short of that qualification, the words meant that the obliged party “must, broadly speaking, leave no stone unturned…”.More recently the requirements of a “best endeavours” obligation have been diluted to some extent by allowing the performance to be judged by standards of reasonableness. Such reasonableness must be assessed by reference to the facts available at the time of performance rather than at the time of entering into the contract."
Context Ref.: http://www.ics.ie/newsletter... 22.1.2009
<p>
best efforts obligation: "As a standard, a best efforts obligation is stronger than a good faith obligation. Best efforts are measured by the measures that a reasonable person in the same circumstances and of the same nature as the acting party would take."
Context Ref.: Black's Law Dictionary, Eighth Edtion, Bryan A. Garner ISBN-314-15199-0
<p>
best endeavours obligation: "Originally an obligation to use 'best endeavours' was extremely onerous. The obligation did not mean that “the limits of reason” had to be overstepped with regard to the performance of the obligation. However, short of that qualification, the words meant that the obliged party “must, broadly speaking, leave no stone unturned…”.More recently the requirements of a “best endeavours” obligation have been diluted to some extent by allowing the performance to be judged by standards of reasonableness. Such reasonableness must be assessed by reference to the facts available at the time of performance rather than at the time of entering into the contract."
Context Ref.: http://www.ics.ie/newsletter... 22.1.2009
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
17 mins
means
obligation of means
Reference comments
12 mins
Reference:
obligation de moyens
Do a term search on "obligation de moyens". I'm sure one of the entries already in the archives will provide what you're looking for.
1 hr
Reference:
obligation de moyens
I also found it in IATE http://iate.europa.eu/iatediff/SearchByQueryEdit.do - only one entry but two translations: 'best efforts obligation' and 'best endeavours obligation', which can be turned around in any way that's suitable.
Peer comments on this reference comment:
agree |
cmwilliams (X)
: yes, why don't you post this as an answer? There are several glossary entries for 'means', which doesn't really mean much in English without an explanation.
28 mins
|
As you suggest - I've entered an answer. Thanks, cm.
|
1 hr
Reference:
obligation de moyens
The nearest English equivalent for this civil law concept is duty of best efforts or endeavours.
his best efforts he has performed his duty and the creditor must bear the ... the French call an obligation de resultat and an obligation de moyens shows ...
books.google.co.uk/books?isbn=9069164949...
2.3 - Duty to Achieve a Specific Result and Duty of Best Efforts (Obligations de Résultat and Obligations de Moyens). The debtor's duty varies depending ...
www.trans-lex.org/output.php?docid=114950
2 Dec 2004 ... In English, we usually distinguish between best-efforts and ... as opposed to "obligation de moyens" (obligation of due care, or best ...
www.proz.com/...to.../881384-obligation_de_resultat.html
obligation de moyens = best endeavour, best effort obligation, best effort undertaking. Corrections welcome! Foxynet. View Public Profile ...
forum.wordreference.com/showthread.php?t=1130842
... la meilleure offre [FIN] best effort syn. best-effort basis 1. placement 'au ... obligation de moyens [JUR] best endeavours' clause obligation de moyens ...
books.google.co.uk/books?isbn=9264035850...
his best efforts he has performed his duty and the creditor must bear the ... the French call an obligation de resultat and an obligation de moyens shows ...
books.google.co.uk/books?isbn=9069164949...
2.3 - Duty to Achieve a Specific Result and Duty of Best Efforts (Obligations de Résultat and Obligations de Moyens). The debtor's duty varies depending ...
www.trans-lex.org/output.php?docid=114950
2 Dec 2004 ... In English, we usually distinguish between best-efforts and ... as opposed to "obligation de moyens" (obligation of due care, or best ...
www.proz.com/...to.../881384-obligation_de_resultat.html
obligation de moyens = best endeavour, best effort obligation, best effort undertaking. Corrections welcome! Foxynet. View Public Profile ...
forum.wordreference.com/showthread.php?t=1130842
... la meilleure offre [FIN] best effort syn. best-effort basis 1. placement 'au ... obligation de moyens [JUR] best endeavours' clause obligation de moyens ...
books.google.co.uk/books?isbn=9264035850...
Peer comments on this reference comment:
agree |
Charles Hawtrey (X)
: You too - why don't you post an answer? Altogether, that amounts to a fair amount of suggestions for the asker to ponder over, and also it will all show up in the ProZ Term Search
2 hrs
|
Thanks. I'll just leave this as a reference.
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