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08:04 May 17, 2005 |
Dutch to English translations [PRO] Law: Contract(s) / shipbuilding industry | |||||||
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| Selected response from: writeaway | ||||||
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Discussion entries: 1 | |
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in-writing clause Explanation: FindLaw for Legal Professionals - Case Law, Federal and State ... ... that the parties intended to waive the in-writing clause of the contract. ... The waiver of the in-writing clause, however, may itself be implied from ... caselaw.lp.findlaw.com/scripts/getcase. pl?court=nh&vol=9605%5Cprime&invol=1 |
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Variations Clause Explanation: Hello Allison, I think refers to a for a written agreement regarding variation in work. See: http://www.longworthconsulting.co.uk/news construction contr... -------------------------------------------------- Note added at 3 hrs 11 mins (2005-05-17 11:16:22 GMT) -------------------------------------------------- correction: ....I think this refers to a written.... (looks like I\'m also recovering from the long weekend!!) |
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Provision to establish document form Explanation: Voor de Algemene wet bestuursrecht daarentegen geldt dat het vormvereiste (schriftelijkheid) besloten ligt in de definitie van een besluit. ---- Aangezien de wetgever echter geen definitie van een geschrift geeft, kan hier ook een elektronisch te lezen stuk onder worden verstaan. Het element schriftelijkheid moet dus ruimer worden opgevat dan alleen papier. De schriftelijkheid die de werkgroep onderzoekt houdt dus in de eerste plaats verband met het feit dat het over besluiten gaat. http://66.102.9.104/search?q=cache:uRDflrGwtRwJ:apps.ez.nl/m... |
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must-be-agreed-writing clause Explanation: My hunch is that this is a reference to the 'must-be-agreed-in-writing' clause. Most construction contracts will include a clause saying that any contract variations must be notified and agreed in writing. So your translation might read: "Re (ii) - the obligation to notify contract variations in writing" and: "While it follows from judgment no. NJ 1977/253 that a written arrangement on contract variations can, under certain circumstances, be dispensed with, this places the contractor under a duty to warn (the client) accordingly." |
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"non-variation clause" Explanation: Within a contract as a heading this is normally entitled the "non variation clause" - i.e. no variations will be valid and binding on the parties unless reduced to writing -------------------------------------------------- Note added at 11 hrs 21 mins (2005-05-17 19:25:52 GMT) -------------------------------------------------- Variation of contracts As a general rule, the parties to an agreement are free to vary (change) the terms of the contract, and they often do. However, if the contract specifies that variation of the contract should be done in a particular way, the parties must follow that procedure in order for the variation to be valid. For instance, a contract may contain a non-variation clause which states that any variation to the agreement has to be written down and signed by both parties. In such a case, it is obviously impossible to change the terms of the contract verbally. If you agree to amend the consultancy agreement (however minor the amendment may be), always ensure that the amendment is written down and signed by yourself and the consultant. A \'gentleman\'s agreement\' is not enough. -------------------------------------------------- Note added at 11 hrs 22 mins (2005-05-17 19:27:26 GMT) -------------------------------------------------- This clause could really trip you up 28-02-2003 IN almost every contract a clause is incorporated which may seem very insignificant at first, but which, if not adhered to, can cause endless heartaches afterwards, warns Hanlie Visser of RLDK Attorneys. Hanlie writes: The clause in question is referred to as the \"non variation clause\" and it usually reads as follows: \"This agreement contains all the terms and conditions of the agreement between the parties and no variation of or abandonment or waiver of rights or obligations, whether express or implied, shall be binding unless contained in this agreement, or subsequently reduced to writing and signed by both parties\". The effect of this stipulation is that an oral variation or amendment of the agreement will not be recognised by the courts. -------------------------------------------------- Note added at 11 hrs 24 mins (2005-05-17 19:29:26 GMT) -------------------------------------------------- HOWEVER - this is the problem when you studied in one legal system and need to translate for another, all the links I can find our South African so this clause HAS got another name in the UK it seems - will try find it for you or confirm one of the others -------------------------------------------------- Note added at 11 hrs 29 mins (2005-05-17 19:33:43 GMT) -------------------------------------------------- Long day: our = are!!!!!!!! |
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