whether under theories of contract

English translation: whether in contract

01:39 Nov 4, 2019
English to English translations [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: whether under theories of contract
Context:
In no event shall a provider be liable to a recipient or any other person for any consequential, incidental, indirect, special or punitive damages, or for lost profits, loss of use or goodwill, whether under theories of contract, negligence (including tort) or otherwise, suffered by the recipient as a result of services provided by the provider to the recipient regardless of whether the provider has been advised of the possibility of such damages.
Nam Vo
Vietnam
Local time: 14:11
English translation:whether in contract
Explanation:
Whether in contract, negligence (including tort) or otherwise,

See discussion entry.

This contractual clause is very badly drafted. The expression "negligence (including tort)" is nonsense, as negligence is just one of many torts (civil wrongs). Negligence is a subset of tort, but the contract reads as if tort was a subset of negligence!
Selected response from:

MARK ROBERTSON
Local time: 07:11
Grading comment
Thank you :)
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +4whether in contract
MARK ROBERTSON
4 +2whether this is the result of/due to theories of contract
David Hollywood
Summary of reference entries provided
theories of contract
David Hollywood

Discussion entries: 4





  

Answers


16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
whether this is the result of/due to theories of contract


Explanation:
and the "whether" also refers to negligence (including tort) or otherwise

David Hollywood
Local time: 04:11
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39
Notes to answerer
Asker: Thanks very much, David :)


Peer comments on this answer (and responses from the answerer)
neutral  philgoddard: This doesn't seem to fit the context - your reference implies that it's an area of academic study.
5 hrs

agree  Yvonne Gallagher: Omit "theories of"
10 hrs

agree  neda ghaemi
3 days 7 hrs
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6 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +4
whether in contract


Explanation:
Whether in contract, negligence (including tort) or otherwise,

See discussion entry.

This contractual clause is very badly drafted. The expression "negligence (including tort)" is nonsense, as negligence is just one of many torts (civil wrongs). Negligence is a subset of tort, but the contract reads as if tort was a subset of negligence!

MARK ROBERTSON
Local time: 07:11
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20
Grading comment
Thank you :)
Notes to answerer
Asker: Thanks very much, Mark :)


Peer comments on this answer (and responses from the answerer)
agree  Marie_D
9 mins

agree  philgoddard
5 hrs

agree  Tina Vonhof
6 hrs

agree  AllegroTrans: The text was obviously drafted by an academic lawyer who finds it difficult to separate theory from reality...
1 day 3 hrs
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Reference comments


10 mins
Reference: theories of contract

Reference information:
Contract theory is the study of how people and organizations construct and develop legal agreements. It analyzes how parties with conflicting interests build formal and informal contracts. Contract theory draws upon principles of financial and economic behavior as different parties have different incentives to perform or not perform particular actions. It is also useful for understanding forward contracts, and other legal contracts and their provisions. It also includes an understanding of letters of intent and memorandums of understanding.

David Hollywood
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39
Note to reference poster
Asker: Thanks very much, David :)


Peer comments on this reference comment (and responses from the reference poster)
neutral  Daryo: yes, literally it's that - but a "theory" in itself is no legal ground for any legal action - you can't sue anyone based on "theories" - you need existing laws for that.
19 hrs
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