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Law/Patents - Law: Contract(s) / contracts | | French term or phrase: caractère substantiel | This is from a contract between two parties for provision of services.
XXX et YYY reconnaissent que les engagements définis ci-après ont un caractère substantiel sans lesquels elles n’auraient pas contracté.
I've found "legal relevance", but I'm not sure whether it fits here. Any help appreciated! |
| Erika PavelkaKudoZ activityQuestions: 13 (none open) ( 1 closed without grading) Answers: 115
| Local time: 05:05
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| | English translation:A question of definition... | Explanation:
Any provision forming part of a contract can be referred to as a term. A term may be a condition or a warranty, the disitnction being made by the degree of importance of the particular provision in the contract concerned.
A condition is a major term of a contract. It is frequently described as being a term that "goes to the root of teh contract" or as being the "essence of a contract". It is contrasted with warranty, which is a term of minor importance. Breach of a condition, for example, constitutes a fundamental breach of the contract and entitles the injured party to consider the contract as discharged. Breach of a warranty is remediable only by an action for damages.
"...that the undertakings set out below are fundamental terms (go to the root of the contract / are at the essence of the contract) without which the parties would not have ..." |
| Selected response from:
Nikki Scott-Despaigne
Local time: 11:05
| Grading comment Thanks Nikki! I really appreciate the detailed explanation.
-Erika
4 KudoZ points were awarded for this answer |
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| Discussion entries: 0 |
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Automatic update in 00:
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37 mins confidence:   material
Explanation:
Hi Erika,
I think that in legal contracts the idea of legal relevance is expressed by the adjective "material". Just an educated guess, I hope others can confirm or dismiss this idea.
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38 mins confidence:
1 hr confidence:
1 hr confidence: A question of definition...
Explanation:
Any provision forming part of a contract can be referred to as a term. A term may be a condition or a warranty, the disitnction being made by the degree of importance of the particular provision in the contract concerned.
A condition is a major term of a contract. It is frequently described as being a term that "goes to the root of teh contract" or as being the "essence of a contract". It is contrasted with warranty, which is a term of minor importance. Breach of a condition, for example, constitutes a fundamental breach of the contract and entitles the injured party to consider the contract as discharged. Breach of a warranty is remediable only by an action for damages.
"...that the undertakings set out below are fundamental terms (go to the root of the contract / are at the essence of the contract) without which the parties would not have ..."
Basic contract law aided and abetted by the Oxford Dictionary of Law, OUP
| | | Grading comment Thanks Nikki! I really appreciate the detailed explanation.
-Erika |
| | Login to enter a peer comment (or grade) |
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The translation workplace 
