simples tolérances

English translation: verbatim: "plain/simple tolerances"

17:27 May 29, 2018
French to English translations [PRO]
Law/Patents - Law: Contract(s) / Commercial lease
French term or phrase: simples tolérances
This is in a commercial lease for a building - queried terms in the asterisks.

ARTICLE 23 - TOLERANCE - MODALITES D’EXECUTION - INDIVISIBILITE

23.1. Toute modification des présentes ne pourra résulter que d’un document écrit et exprès sous forme d’acte bilatéral ou d’échanges de lettres.

Cette modification ne pourra en aucun cas être déduite, soit de la passivité du Bailleur, soit même de *simples tolérances*, quelles qu’en soient la fréquence et la durée, le Bailleur restant toujours libre d'exiger à tout instant la stricte application des clauses et stipulations qui n'auraient pas fait l’objet d'une modification expresse et écrite par voie d’avenant dûment signé par les parties.

From what I have read the lessor's tolerance of undesirable conduct (e.g. using the premises for purposes other than those agreed in the lease) does not stop them from being able to invoke the early termination clause if they wish to.
My translation is "single instances of tolerance", but maybe there is something better out there?

Also, the existing PROZ answer does not really fit my context.
Elizabeth Niklewska
United Kingdom
Local time: 01:59
English translation:verbatim: "plain/simple tolerances"
Explanation:
A lot of lawsuits are founded on the fact that something has been tolerated during a more or less long span of time and one party asks that it becomes something like a permanent term in the contractual relation with the other part. An habit can become enforceable before the court (e.g. cohabitation as a couple as a non-written proof of a right to inheritance)
This segment means that no part can deduce that something has become legal and accepted as an agreed term between both parts because it had been tolerated in the past. And this stands as an example of a situation that is contrary to the rule previously edicted: either a change has been agreed in writting or it's no enforceable term (acte bilatéral ou échange de lettres).
I think you've absolutely understood the situation but I don't agree with your "single" word. A tolerance must be repetitive to take chances with its enforceability. Therefore "single" can be misunderstood. A benevolent acceptance could raise issues and become enforceable, but not here.
In your example, the demand to terminate the contract is perfectly valid because the contract precisely states that any changes will be agreed in writing. A tacit tolerance is no written term.

I can't speek for other countries but such terms exist in French contracts to counter possible invocations of the enforceability of a usage tolerance.

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Note added at 23 hrs (2018-05-30 17:16:55 GMT)
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Sorry. I wrote "speeak" and deleted the wrong letter. "speak", of course.
Selected response from:

Yves ALLAIN
France
Local time: 02:59
Grading comment
A point for the explanation - the translation is used in tech translations. My take: "simple toleration"
1 KudoZ points were awarded for this answer



Summary of answers provided
4verbatim: "plain/simple tolerances"
Yves ALLAIN


Discussion entries: 2





  

Answers


23 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
verbatim: "plain/simple tolerances"


Explanation:
A lot of lawsuits are founded on the fact that something has been tolerated during a more or less long span of time and one party asks that it becomes something like a permanent term in the contractual relation with the other part. An habit can become enforceable before the court (e.g. cohabitation as a couple as a non-written proof of a right to inheritance)
This segment means that no part can deduce that something has become legal and accepted as an agreed term between both parts because it had been tolerated in the past. And this stands as an example of a situation that is contrary to the rule previously edicted: either a change has been agreed in writting or it's no enforceable term (acte bilatéral ou échange de lettres).
I think you've absolutely understood the situation but I don't agree with your "single" word. A tolerance must be repetitive to take chances with its enforceability. Therefore "single" can be misunderstood. A benevolent acceptance could raise issues and become enforceable, but not here.
In your example, the demand to terminate the contract is perfectly valid because the contract precisely states that any changes will be agreed in writing. A tacit tolerance is no written term.

I can't speek for other countries but such terms exist in French contracts to counter possible invocations of the enforceability of a usage tolerance.

--------------------------------------------------
Note added at 23 hrs (2018-05-30 17:16:55 GMT)
--------------------------------------------------

Sorry. I wrote "speeak" and deleted the wrong letter. "speak", of course.


Yves ALLAIN
France
Local time: 02:59
Native speaker of: Native in FrenchFrench
PRO pts in category: 1
Grading comment
A point for the explanation - the translation is used in tech translations. My take: "simple toleration"

Peer comments on this answer (and responses from the answerer)
neutral  Daryo: yes for the explanation, but not the translation
4 hrs

neutral  Mauriceh: agree also with the explanation but not sure the of the english equivalent. The word that comes to mind is acquiescence (which is in effect to simple tolerate by giving into something)
18 hrs
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