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  3. Law: Contract(s)

n’est solidaire de

English translation: None ... has any joint liability with any other ...

14:53 Aug 28, 2014
French to English translations [PRO]
Bus/Financial - Law: Contract(s) / contract
French term or phrase: n’est solidaire de
Aucun des trois cotraitants n’est solidaire de l’autre membre du groupement dans les obligations contractuelles à l’égard de l’autorité signataire du marché.
janisct
Local time: 16:00
English translation:None ... has any joint liability with any other ...
Explanation:
Aucun des trois cotraitants n’est solidaire de l’autre membre du groupement
should be
Aucun des trois cotraitants n’est solidaire d'un autre membre du groupement
=
None of the three co-contractor has any joint liability with any other member of the group

so they have ONLY several liability - each co-contractor is liable only for his own obligations.

" Joint and several liability
Where two or more persons are liable in respect of the same liability, in mostcommon law legal systems they may either be:
• jointly liable, or
• severally liable, or
• jointly and severally liable.

Joint liability
If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears or is declared bankrupt, the other remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute to the liability.
Several liability.

The converse is several or proportionate liability, where the parties are liable for only their respective obligations. A common example of several liability is in syndicated loan agreements, which will normally provide that each bank is severally liable for its own part of the loan. If one bank fails to advance its agreed part of the loan to the borrower, then the borrower can sue only that bank, and the other banks in the syndicate have no liability.
Joint and several liability.

Under joint and several liability for all sums, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment. This means that if the claimant pursues one defendant and receives payment, that defendant must then pursue the other obligors for a contribution to their share of the liability.

Joint and several liability is most relevant in tort claims, whereby a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability. The rule is often applied in negligence cases, though it is sometimes invoked in other areas of law.
[http://en.wikipedia.org/wiki/Joint_and_several_liability]

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Note added at 1 day1 hr (2014-08-29 16:48:31 GMT)
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None of the three co-contractors ...
Selected response from:

Daryo
United Kingdom
Local time: 16:00
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +4is not jointly and severally liable with the other group members
njrobertson
5None ... has any joint liability with any other ...
Daryo


  

Answers


35 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
is not jointly and severally liable with the other group members


Explanation:
it means that each group member is liable to the tender issuer for their own liabilities

njrobertson
United Kingdom
Local time: 16:00
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
Notes to answerer
Asker: Many thanks for this.

Asker: It is my understanding that it does not say that there is no joint liability, only that there is no several liability.


Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
39 mins
agree  B D Finch: Though I think you need to be more careful about " l’autre membre du groupement", who may well not be one of the "trois cotraitants". None of the ... is ... would probably read better.
1 hr
agree  Daniel Weston
5 hrs
agree  Paul Stevens
16 hrs
agree  Yvonne Gallagher: with BDF
19 hrs
disagree  Daryo: the way you worded it all co-contractors wouldn't be liable for anything, not even for their own mess; they have no joint liability but they still assume several liability.
1 day 1 hr
Login to enter a peer comment (or grade)

1 day 1 hr   confidence: Answerer confidence 5/5
Aucun ... n’est solidaire de l’autre
None ... has any joint liability with any other ...


Explanation:
Aucun des trois cotraitants n’est solidaire de l’autre membre du groupement
should be
Aucun des trois cotraitants n’est solidaire d'un autre membre du groupement
=
None of the three co-contractor has any joint liability with any other member of the group

so they have ONLY several liability - each co-contractor is liable only for his own obligations.

" Joint and several liability
Where two or more persons are liable in respect of the same liability, in mostcommon law legal systems they may either be:
• jointly liable, or
• severally liable, or
• jointly and severally liable.

Joint liability
If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears or is declared bankrupt, the other remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute to the liability.
Several liability.

The converse is several or proportionate liability, where the parties are liable for only their respective obligations. A common example of several liability is in syndicated loan agreements, which will normally provide that each bank is severally liable for its own part of the loan. If one bank fails to advance its agreed part of the loan to the borrower, then the borrower can sue only that bank, and the other banks in the syndicate have no liability.
Joint and several liability.

Under joint and several liability for all sums, a claimant may pursue an obligation against any one party as if they were jointly liable and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment. This means that if the claimant pursues one defendant and receives payment, that defendant must then pursue the other obligors for a contribution to their share of the liability.

Joint and several liability is most relevant in tort claims, whereby a plaintiff may recover all the damages from any of the defendants regardless of their individual share of the liability. The rule is often applied in negligence cases, though it is sometimes invoked in other areas of law.
[http://en.wikipedia.org/wiki/Joint_and_several_liability]

--------------------------------------------------
Note added at 1 day1 hr (2014-08-29 16:48:31 GMT)
--------------------------------------------------

None of the three co-contractors ...

Daryo
United Kingdom
Local time: 16:00
Specializes in field
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 112
Notes to answerer
Asker: Yes, that is how I understand it after careful consideration. Many thanks!

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