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each of the parties (in this case)

English translation: I'm afraid you are completely wrong in your assumption

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20:16 Jun 26, 2007
English to English translations [Non-PRO]
Law/Patents - Law (general)
English term or phrase: each of the parties (in this case)
Dear colleagues,

I am currently translating general supply conditions and I'm not sure what to make of the following sentence:

The Agreement may not be modified except by a written amendment signed by persons having the power to represent *each of the parties*.

I know of course what the sentence means but I am unsure that "each of the parties" was used correctly in this sentence. If the parties decide to modify the Agreement made between them, they need to draw up an amendment which then must be signed by persons who have the power to represent *each of the parties*. I don't understand how this can be. If I am the representative of party A, I certainly don't need to have the power to represent party B as well, in order to execute and deliver the amendment on behalf of party A. But in my opinion that's what *each of the parties* would mean ("power to represent EACH of the parties"). Am I completely wrong or is this part of the Agreement ambiguous?

I understand "each of" should probably mean "jeweilig", i.e. "applicable" in this context --> "having the power to represent *the applicable party*"

I have a hunch my text is a translation from French into English, because "each of" is used all over the place in contexts where I would expect "applicable", "respective" etc.

I'd like to know if this use of "each of" makes any sense to you and if this is correct English usage that I just haven't come across so far (even though I translate exclusively legal texts).

Any input by native speakers is very welcome. Let the discussion begin!


Thanks to all in advance!
innsbruck
English translation:I'm afraid you are completely wrong in your assumption
Explanation:
Although there are certainly other ways that it might have been expressed in EN, it doesn't read at all wrongly to my native ears, nor does it read like a too-literal translation from (say) FR — I can't speak for other languages.

I think to start with you are misinterpreting 'amendment' — it does not refer here to a *proposed* change, but to the actual change that has been areed by both parties, and that is implemented.

It seems to me patently obvious that any such amendment put into force must be definition need to be signed by an authorized representative of each party (i.e. one representative for each party), and I cannot see how you could possibly harbour even the slightest confusion about this point?

I would presume they have chosen to use 'each' instead of 'both' to cater for the eventualtiy that there be more than just 2 parties involved.

There is no way the 'each' could be interpreted as implying that the same person would be representing two or more parties at the saem time.
Selected response from:

Tony M
France
Local time: 16:37
Grading comment
Thank you very much!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +5I'm afraid you are completely wrong in your assumption
Tony M
4pls see my comment below
inmb
3you are right...
Els Spin


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
pls see my comment below


Explanation:
For me it is quite clear:
1. The amendment is only valid if signed by BOTH parties (= Companies)

2. Individuals signing the amendment on behalf of the parties need to have the authorisation of the RELEVANT party (i.e. being a Director, a proxy, having power of attorney etc.)

HTH

inmb
Local time: 16:37
Specializes in field
Native speaker of: Polish
PRO pts in category: 4
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9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
you are right...


Explanation:
They each have the power to represent one party, and they both have to agree.

--------------------------------------------------
Note added at 12 mins (2007-06-26 20:28:53 GMT)
--------------------------------------------------

Or, if there are more parties, they ALL have to agree to the amendment.

Els Spin
Netherlands
Local time: 16:37
Native speaker of: Dutch
Login to enter a peer comment (or grade)

31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +5
each of the parties
I'm afraid you are completely wrong in your assumption


Explanation:
Although there are certainly other ways that it might have been expressed in EN, it doesn't read at all wrongly to my native ears, nor does it read like a too-literal translation from (say) FR — I can't speak for other languages.

I think to start with you are misinterpreting 'amendment' — it does not refer here to a *proposed* change, but to the actual change that has been areed by both parties, and that is implemented.

It seems to me patently obvious that any such amendment put into force must be definition need to be signed by an authorized representative of each party (i.e. one representative for each party), and I cannot see how you could possibly harbour even the slightest confusion about this point?

I would presume they have chosen to use 'each' instead of 'both' to cater for the eventualtiy that there be more than just 2 parties involved.

There is no way the 'each' could be interpreted as implying that the same person would be representing two or more parties at the saem time.

Tony M
France
Local time: 16:37
Native speaker of: Native in EnglishEnglish
PRO pts in category: 80
Grading comment
Thank you very much!

Peer comments on this answer (and responses from the answerer)
agree  writeaway: it doesn't read wrongly to any native English ears-I really don't see the problem.
2 hrs
  -> Thanks, W/A! I think the problem only arises in the *target* language. :-)

agree  kmtext: I'm with you on this one too. There doesn't seem to be any confusion to me, and as you say, either allows for the agreement to be between more than two parties with one authorised representative each.
10 hrs
  -> Thanks, KMT!

agree  xxxcmwilliams
12 hrs
  -> Thanks, CMW!

agree  Monika Silea
14 hrs
  -> Thanks, Monika!

agree  Ken Cox: This probably reflects the subtleties of how associated singular/plural elements are understood to be related in different languages (grammatical and semantic conventions). I agree that this is quite normal English and not ambiguous to a native speaker
16 hrs
  -> Thanks, Ken! Yes, totally agree with your comments
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Changes made by editors
Jun 26, 2007 - Changes made by writeaway:
LevelPRO » Non-PRO


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