Glossary entry

French term or phrase:

il y sera pourvu d'office

English translation:

the fault (negligence) will be remedied without consultation

Added to glossary by mimi 254
Jul 19, 2011 14:33
13 yrs ago
6 viewers *
French term

il y sera pourvu d'office

French to English Law/Patents Law: Contract(s)
Here is the context, wonder if anyone can help me out here, I have googled so much that I have gone google-eyed.


En cas de négligence de la part de l'Industriel, il y sera pourvu d'office, à ses frais, à la diligence du P AH,

Thanks in advance

Chris
Change log

Jul 26, 2011 07:42: mimi 254 Created KOG entry

Jul 26, 2011 07:45: mimi 254 changed "Edited KOG entry" from "<a href="/profile/645152">mimi 254's</a> old entry - "il y sera pourvu d'office"" to ""the fault (negligence) will be remedied without consultation/""

Discussion

B D Finch Jul 20, 2011:
@Nikki I believe that "il sera pourvu" indirectly refers back to the "entretien" and "refection" that should have been carried out. The link is made through these being the subjects of the "négligence" that gives rise to the works in default.
Nikki Scott-Despaigne Jul 20, 2011:
@ BD Finch Of course this means that in the event of the Company being in default - failing to comply its obligations under the terms of the agreement - then once put on notice to take corrective measures, then failure to do so within the 3 month period, then that same Company shall bear the cost of that work being undertaken by another company.

I still fail to see how the extract as posted accounts for the "il sera pourvu à". Further, I agree that it is no doubt the impersonal form. Which bit of the sentence does it go with though from a grammatical point of view?
B D Finch Jul 20, 2011:
@Nikki When works are carried out in default, the Owner or Lessor doesn't generally roll up his own sleeves, but engages another company to do the works. I think it is highly unlikely (though not impossible) that "il" is anything other than the impersonal pronoun. "Négligence", here, is neglect, failure or default, not "negligence".
Nikki Scott-Despaigne Jul 19, 2011:
What I mean is... ... that until we know what the Company is being asked to do and cover the cost of in the event of negligence on their part, then the real meaning of the phrase in question cannot be clear. I woudl not stand up in court and swear that "il" is referring to the Company or whether it is indeed the impersonal third person of the singular, although I suspect the latter!
Nikki Scott-Despaigne Jul 19, 2011:
Suggestion I have tried to translate the whole of the extract provided by the Asker. Set out below is one possible rendering (excuse the pun).
“pourvoir à quelque chose” : provide for, meet the needs of, provide…
Sticking my neck out, do you not think it is possible that something is missing? The sentence is very “bitty”, lots of commas. Just wondering what you might think?
The basic idea seems to be that something will be done at the expense of the Company (l’Industriel) if they do not stick to their side of the bargain after a default notice having remained without effect for a period of 3 months. I am still at a loss as to WHAT might be provided, provided for, whatever. A replacement company to get the work done? What do you reckon of this possibility?

The Company shall maintain the installation in a good state of repair. In particular, it shall redo the exterior paint and rendering as often as necessary. // Any change to the colour of the paint shall be subject to the prior approval of PAH. In the event of negligence on the part of the Company, following formal notice which remains without effect for 3 months, upon PAH’s request, the Company shall bear the cost of XXX.
Karine S Jul 19, 2011:
"pourvu" from the verb "pourvoir" meaning to provide, "pourvoir d'office" being an idiomatic expression meaning indeed "to provide automatically or by default", thanks Roberta
"y" is a pronoun refering to the beginning of the sentence, so we can re-organise the sentence as: "il sera pourvu d'office a la negligence de l'Industriel"
Chris Dravers (asker) Jul 19, 2011:
OK, here is the full context. I didn't include it because I'm convinced this is a set phrase with a special meaning in which the pronounds don't refer to anything in the context: "L'Industriel entretiendra en bon état ses installations. Il devra notamment procéder à la réfection des peintures et enduits extérieurs, aussi souvent qu'il sera nécessaire ; toute modification des couleurs des peintures devra être préalablement soumise à l'accord du PAH.En cas de négligence de la part de l'Industriel, il y sera pourvu d'office, à ses fiais, à la diligence du P AH, à la suite d'une mise en demeure restée sans effet pendant TROIS (3) MOIS.Les espaces verts tels qu'ils sont définis au Chapitre V1I ci-après devront être entretenus et renouvelés par l'Industriel de façon à conserver en toute saison, un aspect satisfaisant.
Chris Dravers (asker) Jul 19, 2011:
it's a contract for occupation of port land by industries
Nikki Scott-Despaigne Jul 19, 2011:
Mmore context needed. It will be impossible to other than make educated guesses unless we have more context. Thank you for the whole sentence, but I think we also need the sentence before and after this one!
mimi 254 Jul 19, 2011:
what is the text talking about?
Chris Dravers (asker) Jul 19, 2011:
OK, here is the whole sentence, sorry. As you can see, there is no object of pourvu, it has some other meaning. I don't even theink the Il refers to the Industriel. "En cas de négligence de la part de l'Industriel, il y sera pourvu d'office, à ses frais, à la diligence du P AH, à la suite d'une mise en demeure restée sans effet pendant TROIS (3) MOIS." C
Roberta Beyer Jul 19, 2011:
can you tell us what is being "pouvoir"ed?

In case of negligence on the part of the Industrial, there will be provided automatically, at its expense, at P AH's request, a _________(whatever is being pouvoired)

Proposed translations

+3
31 mins
Selected

the fault (negligence) will be remedied without consulting the industrial

-
Note from asker:
That'll be it! Thanks a million
Peer comment(s):

agree Karine S
9 mins
Thanks!
agree philgoddard : Or "the work will be carried out". But you can't use 'industrial' as a noun.
57 mins
Thanks!
agree AllegroTrans : remedied without consultation - omit "industrial"
6 hrs
Thanks!
Something went wrong...
4 KudoZ points awarded for this answer.
+3
2 hrs

the works shall be carried out without further notice

Notice would have already been served on the Contractor and three months after that service if the Contractor has failed to take appropriate action, the Owner can remedy the defects at the Contractor's cost without further notice being required.

--------------------------------------------------
Note added at 3 hrs (2011-07-19 17:38:19 GMT)
--------------------------------------------------

Noting Karine's contribution in the discussion, it might be more accurate as:
"the works shall be carried out in default without further notice". It is "in default", not "by default" because it is in default of the Contractor having carried them out as required by the contract.

--------------------------------------------------
Note added at 18 hrs (2011-07-20 08:47:39 GMT)
--------------------------------------------------

We now have additional context that shows this is not a contractor, but an industrial tenant. However, that makes no difference to my answer. "Négligence" should not be translated here as "negligence", but rather as "neglect" or "failure" to maintain the property in good order as stipulated in the contract.
Peer comment(s):

agree AllegroTrans : yes - and the future imperative "shall" is the correct tense here
4 hrs
Thanks AT
agree piazza d
4 hrs
Thanks piazza
agree Saro Nova : "in default" (or "by default") is an important element that is missing from the other suggestions above
1 day 2 hrs
Thanks
Something went wrong...
33 days

owner shall have a clear and indisputable right to resolve the matter at the expense of

Hello,

I see "d'office" as meaning to have absolute right to do something without any need to for approval from anyone.

I hope this helps.
Something went wrong...
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