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  3. Law: Contract(s)

obligation de resultat

English translation: performance obligation/obligation to achieve a specific result/absolute obligation (as contrasted with best efforts)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:obligation de resultat
English translation:performance obligation/obligation to achieve a specific result/absolute obligation (as contrasted with best efforts)
Entered by: Yolanda Broad

13:32 Dec 2, 2004
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: obligation de resultat
From a list of legal conditions to which the supplier must indicate (non)acceptance.

"Obligation de resultat du FOURNISSEUR" Accepted/Not Accepted

That's all it says. Would this be, "SUPPLIER's performance obligation"?
Deborah Workman
United States
Local time: 22:22
obligation to achieve a specific result
Explanation:
Very common in French contracts - as opposed to "obligation de moyens" (obligation of due care, or best endeavours obligation).
Jackie
Selected response from:

JackieMcC
Local time: 04:22
Grading comment
Jackie, thank you for your explanation that this contrasts with a best-efforts contract. In English, we usually distinguish between best-efforts and performance- guaranteed execution. Counsel's suggestion was useful, too, but for an English reader I want to preserve the "performance" concept if not the lingo.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1obligation to achieve a specific result
JackieMcC
4 +1certainly sounds like...
Parrot
5duty to achieve a given result
Assimina Vavoula
4obligation of result
Abdellatif Bouhid
4absolute obligation
KirstyMacC (X)


  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
certainly sounds like...


Explanation:
:-)

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Note added at 5 mins (2004-12-02 13:37:13 GMT)
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Check this out: http://www.cisg.law.pace.edu/cisg/text/nonperf.html

Parrot
Spain
Local time: 04:22
Specializes in field
Native speaker of: English
PRO pts in category: 34

Peer comments on this answer (and responses from the answerer)
agree  writeaway
1 hr
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21 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
obligation to achieve a specific result


Explanation:
Very common in French contracts - as opposed to "obligation de moyens" (obligation of due care, or best endeavours obligation).
Jackie

JackieMcC
Local time: 04:22
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Grading comment
Jackie, thank you for your explanation that this contrasts with a best-efforts contract. In English, we usually distinguish between best-efforts and performance- guaranteed execution. Counsel's suggestion was useful, too, but for an English reader I want to preserve the "performance" concept if not the lingo.

Peer comments on this answer (and responses from the answerer)
agree  Conor McAuley
5951 days
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
obligation of result


Explanation:
as opposed to "Obligation of means"

Abdellatif Bouhid
Local time: 22:22
Specializes in field
Native speaker of: Native in ArabicArabic, Native in FrenchFrench
PRO pts in category: 39
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2 hrs   confidence: Answerer confidence 5/5
duty to achieve a given result


Explanation:
VOCABULAIRE DE LA COUR DE JUSTICE DES COMMUNAUTES EUROPEENNES,LUXEMBOURG 1987


    Reference: http://www.europa.eu.int/eurodicautom/Controller
Assimina Vavoula
Greece
Local time: 05:22
Specializes in field
Native speaker of: Native in GreekGreek
PRO pts in category: 38
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
absolute obligation


Explanation:
Canvassed before on ProZ com, but KudoZ entries puzzling: 'performance guarantee'..

Strict (medical?) requirement contrasting the with the lower-level oblig. de moyens = best-endeavours oblig.

'The first and most straightforward is the *absolute obligation* – to do, to
procure, to complete. Failure to carry out the obligation ...'



    www.wragge.com/publications/hottopics/default_3617.html -
KirstyMacC (X)
Local time: 03:22
Native speaker of: Native in EnglishEnglish
PRO pts in category: 139
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