Glossary entry (derived from question below)
May 21, 2002 03:38
24 yrs ago
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English term
on or about
This is preceding a specific date (call it 25 June 2002) in a contract. I've heard the term all my life, but never really understood the point in making the date fuzzy. I was told it could mean anything from days to months.
Proposed translations
(Russian)
| 4 +4 | примерно 25 июня |
Tatiana Neroni (X)
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| 4 +1 | приблизительно 25 июня 2002 года |
Remedios
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Proposed translations
+4
32 mins
Tatiana Neroni (X)
Tatiana Neroni (X)
Legal translations from a law office
Works in: English to Russian, Russian to English, English, and 1 more.
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4
Selected
примерно 25 июня
There is nothing "fuzzy" about the date. Contract Law in common law countries (as other branches of law) is based on the notion of "reasonableness", and a lot of discretion is given in this respect to the "jury of your peers" (sitting in civil cases and contract breach cases, too).
So, if the contract does not specifically say "time is of the essence", meaning that the contract is conditioned upon its performance exactly on a certain date (for example, the building should be 100% ready by the time of some great opening ceremony for which invitations have been sent out to VIPs etc.), then it is to be performed on June 25 or "within a reasonable time afterwards". Yes, it can be for days or months, and this is a question for the jury to decide based on the totality of circumstances for this particular contract.
Therefore, if anyone wants to avoid "on or about", at the point of discussions, before the contract is signed, they should specifically object to such a phrase and inject "time of the essence" clause into the contract.
But, even with "time of the essence" clause, the courts usually do not allow "unjust enrichment", or "windfall" of the non-defaulting party in terms of receiving the benefits of the contract (though not in a timely fashion), and they might allow (they usually do) pro-rata compensation of defaulting contractor.
So, usually people look at the "trade customs" of the industry before signing a contract to see what that "reasonable time" of "on or about" might be in the future - to make your plans for contract performance of the other party.
If YOU are the performing party, then it gives you some leeway, if you're on the receiving side of performance, unless you insist on the "time of the essence" and penalties clause, "on or about" is reasonable time determinable by the jury.
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Note added at 2002-05-21 17:58:30 (GMT) Post-grading
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Василь, спасибо за комментарий! (в окошечке \"спасибо\" не поместилось :(... )
So, if the contract does not specifically say "time is of the essence", meaning that the contract is conditioned upon its performance exactly on a certain date (for example, the building should be 100% ready by the time of some great opening ceremony for which invitations have been sent out to VIPs etc.), then it is to be performed on June 25 or "within a reasonable time afterwards". Yes, it can be for days or months, and this is a question for the jury to decide based on the totality of circumstances for this particular contract.
Therefore, if anyone wants to avoid "on or about", at the point of discussions, before the contract is signed, they should specifically object to such a phrase and inject "time of the essence" clause into the contract.
But, even with "time of the essence" clause, the courts usually do not allow "unjust enrichment", or "windfall" of the non-defaulting party in terms of receiving the benefits of the contract (though not in a timely fashion), and they might allow (they usually do) pro-rata compensation of defaulting contractor.
So, usually people look at the "trade customs" of the industry before signing a contract to see what that "reasonable time" of "on or about" might be in the future - to make your plans for contract performance of the other party.
If YOU are the performing party, then it gives you some leeway, if you're on the receiving side of performance, unless you insist on the "time of the essence" and penalties clause, "on or about" is reasonable time determinable by the jury.
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Note added at 2002-05-21 17:58:30 (GMT) Post-grading
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Василь, спасибо за комментарий! (в окошечке \"спасибо\" не поместилось :(... )
4 KudoZ points awarded for this answer.
Comment: "Молодец! Спасибо за подробный и интересный ответ."
+1
27 mins
приблизительно 25 июня 2002 года
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