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à ses torts et griefs

English translation: for reasons that entitle the other party to sue

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:à ses torts et griefs
English translation:for reasons that entitle the other party to sue
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18:52 Jan 25, 2002
French to English translations [PRO]
Law/Patents / commercial lease
French term or phrase: à ses torts et griefs
In a contract for a commercial lease:
"En cas de résiliation du bail à ses torts et griefs, le preneur devra supporter tous les frais...." I know what this means in general, but don't know how to translate this combination of "torts" and "griefs" into effective, equivalent English.

Thank you in advance!
Germaine A Hoston
Local time: 05:56
"entitling the injured party to sue"
Explanation:
Found in Termium under "contracts".
Hope this will help!
Selected response from:

Ethele Salem Sperling
United States
Local time: 05:56
Grading comment
Thank you! I think that I can find a way to work this in!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2"entitling the injured party to sue"
Ethele Salem Sperling
5In the case where upon lease termination(or surrender) the injured party is entitled to sue,Meri Buettner
5(termination) for cause
Nikki Scott-Despaigne
4for cause
Steven Geller
4 -1for 'preneur' defaultJane Sandilands


  

Answers


44 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
"entitling the injured party to sue"


Explanation:
Found in Termium under "contracts".
Hope this will help!

Ethele Salem Sperling
United States
Local time: 05:56
Native speaker of: Native in FrenchFrench
PRO pts in pair: 51
Grading comment
Thank you! I think that I can find a way to work this in!

Peer comments on this answer (and responses from the answerer)
agree  Meri Buettner: exactly - entitling injured party to sue (Dictionary of commercial, financial and legal terms)
12 hrs

agree  Nikki Scott-Despaigne: This would appear to be the right term, although expressing it in a natural legalese is no easy task in context.
13 hrs
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
for 'preneur' default


Explanation:
I have left preneur untranslated - depends on how you've already translated it. Given all costs of the termination of the lease are to be paid by the preneur, you can assume this is referring to termination for default of the preneur.

Jane Sandilands
Local time: 14:56
PRO pts in pair: 14

Peer comments on this answer (and responses from the answerer)
neutral  Nikki Scott-Despaigne: "Lessee" probably works for "preneur". "Default" would generally have a restrictive meaning in context, i.e., failure to pay
11 hrs

disagree  Meri Buettner: yes but the French expression is not specific to only this context - il faut l'expression figée
11 hrs
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7 hrs   confidence: Answerer confidence 5/5
(termination) for cause


Explanation:
"En cas de résiliation du bail à ses torts et griefs, le preneur devra supporter tous les frais...."

In the event of the lease being terminated for cause, the lessee shall be liable for all costs resulting therefrom.

In the specific context of leases, a "preneur" being a lessee, then this means that the contract is being cancelled through some fault of the lessee. See the following :

http://www.law.cornell.edu/ucc/2A/2A-103.html

"Fault" means wrongful act, omission, breach, or default.


See this URL for general vocab on termination of leases by agreement, or by lessor or lessee together with a discussion of fault.

http://www.orht.gov.on.ca/public/endtncy.html & http://www.orht.gov.on.ca/pdfs/endtncy.pdf

“termination for cause”

See also : http://www.hastingshousing.com/land_rights.htm

"A tenant may be evicted for two types of reasons, fault and no fault. These are outlined below..."


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Note added at 2002-01-26 09:40:29 (GMT)
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Suggested rendering :

\"If the lease is cancelled (In the event of the lease being terminated) for reasons which entitle the lessor to sue, then the lessee shall bear (be liable for) all costs resulting therefrom.\"

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Note added at 2002-01-26 09:41:06 (GMT)
--------------------------------------------------

(The lessor being the injured party.)


Nikki Scott-Despaigne
Local time: 14:56
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431

Peer comments on this answer (and responses from the answerer)
neutral  Meri Buettner: this usually translates 'résiliation motivée' (Canadian Bar Association)
6 hrs
  -> You have a point - altho' I find no natural sounding way of incorporating the set "entitling the injured party to sue" in context.
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16 hrs   confidence: Answerer confidence 5/5
In the case where upon lease termination(or surrender) the injured party is entitled to sue,


Explanation:
Nikki is right - the initial correct "expression" is difficult as is to fit into the sentence.

My suggestion can also be turned around : "Should the injured party be entitled to sue upon lease termination, ..."

Meri Buettner
France
Local time: 14:56
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 165
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1 day 2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
for cause


Explanation:
sorry this has nothing to do with suing.
It simply says that if the least is terminated for cause...

Cause refers list of reasons as defined alsewhere in the lease that enable the party to terminate.

Steven Geller
Local time: 14:56
PRO pts in pair: 1246
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