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tempérée

English translation: with restraint / moderation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:tempérée
English translation:with restraint / moderation
Entered by: B D Finch
Options:
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07:56 Aug 25, 2010
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: tempérée
This comes up in a no waiver clause in a contract:

"Aucun retard ou utilisation partielle et tempérée d’une des Parties dans l’exercice de ses droits ne saurait être considéré comme une renonciation à celui-ci"

thanks
Jane RM
France
Local time: 21:14
restraint / moderation
Explanation:
The application of restraint or moderation in the exercise of their rights.
Selected response from:

B D Finch
France
Local time: 21:14
Grading comment
thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2restraint / moderation
B D Finch
4 +1lenient
Eutychus
3reasonable use of (non-excessive)MatthewLaSon
4 -1deferred/delayed
AllegroTrans
3 -1eingeschränkt
Herbie


  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
lenient


Explanation:
ie the fact that they don't throw the book at the other party now does not mean they won't in the future. Partial or lenient exercise of their rights does not blah blah blah

Example sentence(s):
  • The lenient use of sanctions for nonserious offenses does not necessarily reflect the failure of the police to enforce the law

    Reference: http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B6V...
Eutychus
Local time: 21:14
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 99

Peer comments on this answer (and responses from the answerer)
agree  Herbie: most appropriate choice here
10 mins
  -> danke sehr :)

neutral  B D Finch: Surely more appropriate to punishment: police and judiciary?
3 hrs
  -> I admit I thought about "moderation". But apart from "partial" (already used) I'm not sure what English alternatives there are other than exercising/not exercising rights. Can one do so "in moderation"...?

neutral  AllegroTrans: your reasoning and your ref. both relate to criminal law - this one is about a contract
4 hrs
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11 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
eingeschränkt


Explanation:
Passt mE hier am besten.

--------------------------------------------------
Note added at 12 mins (2010-08-25 08:09:39 GMT)
--------------------------------------------------

Sorry, I was on the "German" trip...

Herbie
Germany
Local time: 21:14
Native speaker of: Native in GermanGerman

Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: German!
4 hrs
  -> OK, see my own comment!
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
restraint / moderation


Explanation:
The application of restraint or moderation in the exercise of their rights.

B D Finch
France
Local time: 21:14
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 309
2 corroborated select projects
in this pair and field What is ProZ.com Project History(SM)?
Grading comment
thanks

Peer comments on this answer (and responses from the answerer)
agree  Fr-EnD: I prefer these choices to leniency, for the reasons given by Allegro.
4 hrs
  -> Thanks Rafael.

agree  xxxACOZ
13 hrs
  -> Thanks ACOZ
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
deferred/delayed


Explanation:
this seems to be the appropriate meaning - any delay, partial or deferred exercise of either party's rights shall not be considered as a renonciation by that party of the contract....

AllegroTrans
United Kingdom
Local time: 20:14
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 422

Peer comments on this answer (and responses from the answerer)
disagree  xxxACOZ: Are you confusing tempérer and obtempérer?
12 hrs
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8 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
reasonable use of (non-excessive)


Explanation:
Hello,

This is how I might translate "utilisation temperée d'une des Parties" here.

Nonetheless, I assert, that if the usage or even partial reasonable usage is impeded by government action or inaction, this is tantamount to a taking of ...
works.bepress.com/context/phyliss_craig_taylor/article/.../viewcontent/

I hope this helps.

MatthewLaSon
Local time: 15:14
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 314
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Changes made by editors
Aug 26, 2010 - Changes made by B D Finch:
Created KOG entryKudoZ term » KOG term


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