French term
Totalité et intégralité de l'entente
Aug 6, 2019 20:20: Yolanda Broad changed "Term asked" from "Totalité et intégralité de l\\\'entente" to "Totalité et intégralité de l\'entente "
Non-PRO (2): Yvonne Gallagher, Germaine
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Proposed translations
(The) entire agreement between the Parties
https://www.lexology.com/library/detail.aspx?g=ab1e0ed6-f91d...
https://www.contractology.com/entire-agreement-clause.html
Hope it helps,
EjR
neutral |
mchd
: Pour un titre, est-il besoin de traduire en mot-à-mot ?
6 mins
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neutral |
AllegroTrans
: Overworded
2 hrs
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neutral |
Eliza Hall
: Perfectly understood. Imperfectly worded.
6 hrs
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Integration and entirety of agreement
https://www.lawinsider.com/clause/integration-and-entire-agr...
https://www.lawinsider.com/clause/entire-agreement
If one must track the source term more closely, one could say totality and integration of the agreement, but even that strikes me as unduly creative.
Legalese is stolid and clumsy for a reason, namely that innovative phraseology for the sale of stylistic improvement introduces an unnecessary risk of unforeseeable interpretations by litigants and courts.
neutral |
AllegroTrans
: Integration into what?
1 hr
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The legal concept is that the parties intend complete integration, in the sense that the court should ignore any allegations of "extrinsic" or "parol" terms not expressly incorporated into the written contract.
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neutral |
Eliza Hall
: You've clearly understood the meaning here. I'm posting "neutral" instead of "agree" because this isn't how it would be phrased in legal English. But you've correctly understood the concept.
5 hrs
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This is how I actually do write it after nearly a lifetime as an EN speaking lawyer and judge. As legal writing, trust me, its authenticity far outweighs its mediocrity.
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agree |
Daryo
: could also work // agree entirely about "innovative phraseology for the sake of stylistic improvement" being unnecessary, or even plain harmful.
7 hrs
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Thank you.
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agree |
Julie Barber
: Had wanted to disagree but the links clearly show otherwise :-) but you could have kept more closely with the wording in the links (ie entire agreement)
12 hrs
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I noticed others attempting that here, thanks, but my preference was to minimize any exotic tone that might look "funny" to an unfriendly adversary or judge.
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Full and complete agreement
https://www.sec.gov/Archives/edgar/data/0001280263/.../d1935...
This Amendment and Schedule 1 attached hereto represent the full and complete agreement and understanding of the parties with respect to the subject matter ...
General Terms and Conditions Page 1 of 3 GENERAL ... - ArrivaBuy
https://www.arrivabuy.com/attach/general-terms-and-condition...
General Conditions and the Regulations shall represent the full and complete Agreement between each Supplier and the Buyer (the. Agreement) for the ...
agree |
AllegroTrans
: I would use 'full and entire' but this is fine
1 hr
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agree |
Jennifer White
: complete - yes
1 hr
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agree |
Yvonne Gallagher
2 hrs
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agree |
Julie Barber
11 hrs
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agree |
Joshua Parker
12 hrs
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agree |
B D Finch
1 day 7 hrs
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agree |
Eliza Hall
: This works too, but usually isn't the wording used in the header of such a section in a contract.
1 day 9 hrs
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I know that certain clauses have set names regardless of the wording. I never studied contract law, so I've learned something new. Thanks
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Whole and entire agreement
It's hard to see what others have got against the term of art of totality of the agreement, but IMO refers to the legally drafted end-product objectively, as opposed to the entire agreement made by the parties, subjectively.
Anyway, here is another standard contract wording that reflects the whole-contract vs. whole-obligations divide, as commentators will remember from Treitel on Contract.
Totality and entire agreement. This contract represents the *full and entire* agreement between the parties.
The entire agreement (clause) (also referred to as a whole agreement, integration or merger clause-
agree |
Daryo
3 hrs
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Hvala lepo, merci and thanks (for judging this answer purely on its merits).!
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Entire Agreement
https://www.lawinsider.com/clause/entire-agreement
The French is more wordy, which is no surprise -- French often is.
The point of these clauses is to clarify that the written contract contains everything that the parties have agreed to with respect to the subject matter of the contract, and there are no unwritten/oral/implied agreements between them. It prevents either party from claiming that the agreement was any broader in scope or any more detailed than what is written in black and white on paper.
agree |
Ph_B (X)
: Aargh - was about to suggest it. Was looking it up in the texts I've translated as refs. as I often see it like that in E>F. Anyway, agreed!
5 mins
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Merci!
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agree |
writeaway
: my bad...
1 hr
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agree |
Daryo
: and even any previous written agreement(s) are to be considered as no longer valid. Few other answers are also OK, but why not keep it short when it's possible?
2 hrs
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agree |
Germaine
: Néanmoins, pour moi, écrire "Totalité et intégralité..." dénote davantage un calque de l'anglais juridique (qui affectionne les polynômes synonymiques) que l'usage correct en français.
8 hrs
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C'est bien possible, je vois ce que vous voulez dire.
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agree |
AllegroTrans
9 hrs
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agree |
Eduardo Ramos
1 day 43 mins
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agree |
B D Finch
1 day 4 hrs
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Discussion
Integration means that this written contract integrates the entire agreement between the parties in one place, leaving nothing out. Anything that isn't written in this contract is not something that the parties have agreed to and is not admissible as evidence if they eventually litigate the contract in court.