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sans qu'il y ait

English translation: unless there is

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:sans qu'il y ait
English translation:unless there is
Entered by: juliebarba
Options:
- Contribute to this entry
- Include in personal glossary

18:44 Apr 6, 2007
French to English translations [PRO]
Law/Patents - Law: Contract(s) / partnership agreement
French term or phrase: sans qu'il y ait
OK so I know what 'sans qu'il y ait' means but this passage under "Force majeure" in these bylaws seems redundant, unless I'm reading it wrong:

"Les actionnaires ne répondront pas des pertes ou dommages de quelque nature qu'ils soient, nés de retards ou de défauts d'exécution du présent Accord causés par des évènements indépendants de leur volonté, sans qu'il y ait toutefois faute ou négligence de leur part."

The 'toutefois' is what's throwing me. Here's what I've got so far:

"The sharehodlers shall not be accountable for losses or damages of any kind whatsoever that arise from delays or failure in performing this Agreement caused by events outside their will," and then should it read, "unless there is some fault or negligence on their part"?
Stephanie Mitchel
United States
Local time: 07:10
except whereby....
Explanation:
except whereby they .......

or 'except in the case of.....'

I'd read 'toutefois' as 'however', but using the phrase above you don't really need to add it...

Also, for "caused by events outside their will" - I would use either
"caused by events outside their control"
"brought about by events outside their control"

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Note added at 51 mins (2007-04-06 19:36:10 GMT)
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ps: Happy Easter by the way!
Selected response from:

juliebarba
United Kingdom
Local time: 12:10
Grading comment
extra credit for the note about 'control' ;)
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +4except whereby....
juliebarba
4 +2save in the event of
AllegroTrans
3 +3always provided that .... + a negative
Robin Levey
4provided that no negligence or fault is attributed to themMatthewLaSon


Discussion entries: 6





  

Answers


18 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +3
always provided that .... + a negative


Explanation:
sans qu'il y ait toutefois faute ou négligence de leur part

-->

always provided, however, that there has been no fault or negligence on their part.

Robin Levey
Chile
Local time: 08:10
Native speaker of: Native in EnglishEnglish
PRO pts in category: 68

Peer comments on this answer (and responses from the answerer)
agree  writeaway: just plain "provided" + neg. ..... is the standard legalese.
16 hrs

agree  Paula McMullan: Yes, agree with Writeaway
1 day12 hrs

agree  Istvan Nagy
2 days3 hrs
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20 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
save in the event of


Explanation:
This is how I think English legalese wouold express it

AllegroTrans
United Kingdom
Local time: 12:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 414

Peer comments on this answer (and responses from the answerer)
agree  Eric BILLY: yes. But Stéphanie's proposal is correct too.
1 min
  -> thanks

agree  Patrice: I agree with Eric's comment, your translation and Stephanie's own translation
2 hrs
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35 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +4
except whereby....


Explanation:
except whereby they .......

or 'except in the case of.....'

I'd read 'toutefois' as 'however', but using the phrase above you don't really need to add it...

Also, for "caused by events outside their will" - I would use either
"caused by events outside their control"
"brought about by events outside their control"

--------------------------------------------------
Note added at 51 mins (2007-04-06 19:36:10 GMT)
--------------------------------------------------

ps: Happy Easter by the way!

juliebarba
United Kingdom
Local time: 12:10
Works in field
Native speaker of: English
PRO pts in category: 116
Grading comment
extra credit for the note about 'control' ;)

Peer comments on this answer (and responses from the answerer)
agree  Evi Prokopi
29 mins
  -> thanks

neutral  Richard Benham: Just what is "whereby" doing there?
40 mins
  -> makes perfect sense to me and it's standard contractual language

agree  Patrice: no need for whereby although, yes, standard contractual language, but not really in this sentence. "Except where" could work, though.
2 hrs
  -> thanks, 'by' on the end of 'where' means 'in the case of' so there is a need unless you are going to use 'in the case of'

agree  gad
1 day7 hrs
  -> thanks gad

agree  Istvan Nagy
2 days2 hrs
  -> thanks
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3 days10 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
provided that no negligence or fault is attributed to them


Explanation:
Hello,

I'm not fully comfortable with the translations provided.

My translation:

"provided that no negligence or fault be attributed to them"

I prefer to use the present tense in English here (is).

I wouldn't translate "toutefois" in English.

I hope this helps.



--------------------------------------------------
Note added at 3 days10 hrs (2007-04-10 05:31:01 GMT)
--------------------------------------------------

"is attributed", not "be attributed"

MatthewLaSon
Local time: 07:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314
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