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rupture de contract

English translation: to be in default

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00:55 Nov 22, 2000
French to English translations [PRO]
Bus/Financial
French term or phrase: rupture de contract
I know this usually means breach of contract, but is there any other possible translation as this one seems odd given the context (copier rental agreements, "ce contract est deja en instance de rupture". Thanks for any suggestions you may have.
Havona
Netherlands
Local time: 14:20
English translation:to be in default
Explanation:
As others have noted, the best way to translate this phrase would depend on the type of violation at issue. If "breach" doesn't seem right, it may be that one of the parties is in default of one or more contractual provisions (such as being late on payments) but the contract has not been terminated (there may be notice & cure clauses providing remedies short of termination).
"Default" isn't usually the translation given for "rupture," but either default or breach can be usesd to refer to violation of or failure to perform a contractual obligation.
By the way, I read "en instance de" as indicating the contract's status or condition, rather than referring to a process. Hope this is helpful,
Jessica
Selected response from:

Jessica Dunn
Grading comment
"In default" feels like the best answer given the context. From other message lines, I feel that "termination" would be too strong. Thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
nathe contract has already been breached
Peter Freckleton
najust a quick note
Nikki Scott-Despaigne
nanot easy this one, is it!
Nikki Scott-Despaigne
na"this contract is already being broken"Louise Atfield
nato be in defaultJessica Dunn
nabreach of contractRobin Salmon
narepudiation (for breach),
Nikki Scott-Despaigne
natermination
Nikki Scott-Despaigne
naviolation of contract
Mats Wiman


  

Answers


36 mins
violation of contract


Explanation:
this caontract is already in a state of violation
contract (en) = contrat (fr)


    Norstedts fr<>sv+en<>sv+MW
Mats Wiman
Sweden
Local time: 14:20
Native speaker of: Native in SwedishSwedish
PRO pts in pair: 133

Peer comments on this answer (and responses from the answerer)
Evert DELOOF-SYS

Nikki Scott-Despaigne
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1 hr
breach of contract


Explanation:
I think the whole thing means "This contract is already being breached." The key phrase is "en instance de" - "in the process of". Similar example:"Ils sont en instance de divorce" - "Their divorce proceedings are taking place"


    Harrap's Standard French aand English Dictionary, Part 1
Robin Salmon
Australia
Local time: 23:20
Native speaker of: English
PRO pts in pair: 164

Peer comments on this answer (and responses from the answerer)
Yolanda Broad

Evert DELOOF-SYS

Nikki Scott-Despaigne
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2 hrs
repudiation (for breach),


Explanation:
Not as easy as one might think at first glance. AS you don't give any indication as to how and why the contract is in the process of coming to an end - and maybe you don't know - then it will be difficult to find the right term.

If there has been a breach, then it may well be "repudiation" that you are looking for.

"Breach" is the act or ommission of one party to perform all or part of the terms agreed under the contract.
(breach : "failure by a party to a contract to perform his obligations under that contract, or an indication of his intention no to do so", OXFORD DICTIONARY OF ENGLISH LAW).

But be careful...
"Rupture" is the termination of the contract before the agreed term.
(rupture = "cessation du contrat en dehors du cas de cessation par l'arrivée du terme", DALLOZ)

Where a contract has been breached it may wind up as being considered as a "rupture de contrat". in the order of things, a breach comes before a "rupture", the rupture being the result of a breach therefore.

How can you translate what has happened to a contract which has been breached?
The precise term may well depend on what story lies at the heart of the breach, on the exact circumstances having given rise to the breach.

REPUDIATION. Occurs where one of the parties refuses to be bound, usually thus a breach of contract, which is then said to have been repudiated
(Heyman v Darwins Ltd [1952] 1 All ER 337).
Source : Curzon Dictionary of Law.
Source : Oxford Dictionary of Law.

In other circumstances, the temr you need may well be "rescission" it may simply be "termination".

After that, discussions as to remedy can begin, but that's a whole different ballgame...

Nikki

HAve a look at the GDT (www.granddictionnaire.com) and see what it has to say about both "rupture", "breach" and "repudation"...



    Dico refs in body of answer.
    Reference: http://www.granddictionnaire
Nikki Scott-Despaigne
Local time: 14:20
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
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5 hrs
termination


Explanation:
Given the "en instance de rupture", I would agree with the others, that it does sound very much like the contract is in the process of breaking, rupturing, for want of a better word.

I don't think it is just suspended as the work rupture would not have been used.

Contracts can be suspended under English law where there is a provision that does not form part of a contractual obligation but which either operates to suspend the contract until a specified event has happened ('condition precedent' in English 'suspensive' in French) or bring it to an end in certain circumstances (a condition subsequent).
Ex : A agrees to buy Y's car if it passes a certain test = condition precedent ; a condition in a contract for the sale of goods which entitles the purchaser to return the goods if he is dissatisfied = condition subsequent).

If you are not sure which term to use, then why not "termination". This is a general word to describe the end of a contract, whether at term or not. I would avoid suspension as the French clearly indicates rupture (no doubt as the result of a breach of a conditon, a major temr which goes to the root of a contract). Failure to pay is usually a breach of a condition. Contracts do commonly provide that a contract shall be suspended if payment is late for example, but that really does not appear to be the case from the information you have.

Nikki


    Oxford Dic of English Law
Nikki Scott-Despaigne
Local time: 14:20
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
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9 hrs
to be in default


Explanation:
As others have noted, the best way to translate this phrase would depend on the type of violation at issue. If "breach" doesn't seem right, it may be that one of the parties is in default of one or more contractual provisions (such as being late on payments) but the contract has not been terminated (there may be notice & cure clauses providing remedies short of termination).
"Default" isn't usually the translation given for "rupture," but either default or breach can be usesd to refer to violation of or failure to perform a contractual obligation.
By the way, I read "en instance de" as indicating the contract's status or condition, rather than referring to a process. Hope this is helpful,
Jessica


    Black's
Jessica Dunn
PRO pts in pair: 12
Grading comment
"In default" feels like the best answer given the context. From other message lines, I feel that "termination" would be too strong. Thanks

Peer comments on this answer (and responses from the answerer)
Nikki Scott-Despaigne
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11 hrs
"this contract is already being broken"


Explanation:
The expression is not necessarily "contract breach", but you can also talk about "breaking a contract" or a contract being broken"

I think that in this sentence, this expression would be a better one.


Here are a few examples of its use:

"Broken Contract Rules

Policy: Irrespective of the reasons for contract disruption and/or potential/actual default, Ex-Im Bank honors its
guarantee to noteholders for the amounts already disbursed and guaranteed. "
http://www.exim.gov/manuals/technica/brkncont.html

"Landfill firm sues city over broken contract:
http://www.chilkatvalleynews.com/archive/9story1.htm

"The University has broken a contract with students."
http://www.chronicle.duke.edu/chronicle/2000/02/15/08Adminis...

Louise Atfield
PRO pts in pair: 300
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13 hrs
the contract has already been breached


Explanation:
Difficult without knowing context or where the statement appears, but it seems to indicate an on-going tste of affairs.

Peter Freckleton
Australia
Local time: 00:20
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 722
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4 days
just a quick note


Explanation:
I would welcome comments of others with law degrees and law qualifications. For me a breach is the act or ommission which gives rise to the breaking up of the contract. I do not consider it safe therefore to translate "rupture" as breach...

Nikki Scott-Despaigne
Local time: 14:20
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
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7 days
not easy this one, is it!


Explanation:
This is one of those which is not so clear cut as it might seem at first sight.

I don't know how others see it, but as I understand it, "be in default" refers more to the reason for the "rupture" than the "rupture" itself.

Or am I going round in circles?????!!!!!

Nikki

Nikki Scott-Despaigne
Local time: 14:20
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
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