Aug 18, 2004 09:02
19 yrs ago
2 viewers *
English term
Alexander
Legal text
English
Law/Patents
Business/Commerce (general)
I have no idea what the paragraph below could mean. For me it is abracadabra. Would appreciate any explanations (English or Russian). The whole text is:
- none of the entry into of this contract, the provision of the Confidential Information to or for the benefit of the Receiving Party nor anything contained in the Confidential Information shall constitute a warranty or representation as to the accuracy, adequacy or completeness of the Confidential Information.
- none of the entry into of this contract, the provision of the Confidential Information to or for the benefit of the Receiving Party nor anything contained in the Confidential Information shall constitute a warranty or representation as to the accuracy, adequacy or completeness of the Confidential Information.
Responses
| 4 +4 | Do not assume anything written in this contract / information as a warranty or complete information. |
Ramesh Madhavan
|
| 3 +1 | broken down |
Lia Fail (X)
|
| 3 +1 | possibly it's intended to mean |
DGK T-I
|
Responses
+4
15 mins
Ramesh Madhavan
Native in English
&
English
Works in field
Like Helping
Native in: English 
, Tamil
Works in: English, Tamil to English, Hindi to English, and 4 more.
Related KudoZ points
:
16
Selected
Do not assume anything written in this contract / information as a warranty or complete information.
There appears to be a contract to provide some confidential information. The party giving this information is protecting themselves by saying that the party receiving the information can not assume that anything written either in the contract or in the information provided, is the full and complete fact. There is no such warranty from the giver to the receiver on this issue.
4 KudoZ points awarded for this answer.
Comment: "Graded automatically based on peer agreement."
+1
3 hrs
broken down
1. The mere fact of entering into this contract,
2. the provision of Confidential Information to or for the benefit of the Receiving Party,
3. anything contained in the Confidential Information
A) None of 1,2, or 3 shall constitute a warranty
and
B) None of 1,2, or 3 shall imply the accuracy, adequacy or completeness of the Confidential Information
Put together, 3 circumstances/situations (1,2,3)are described, and 2 conditions (A and B) apply to each one.
Simplified:
The fact of entering into the contract, the provision of confidential information to, or for the benefit of, the receiving party, as also anything contained in the confidential information, shall shall none of them imply the accuracy, adequacy or completeness of the confidential information.
2. the provision of Confidential Information to or for the benefit of the Receiving Party,
3. anything contained in the Confidential Information
A) None of 1,2, or 3 shall constitute a warranty
and
B) None of 1,2, or 3 shall imply the accuracy, adequacy or completeness of the Confidential Information
Put together, 3 circumstances/situations (1,2,3)are described, and 2 conditions (A and B) apply to each one.
Simplified:
The fact of entering into the contract, the provision of confidential information to, or for the benefit of, the receiving party, as also anything contained in the confidential information, shall shall none of them imply the accuracy, adequacy or completeness of the confidential information.
Peer comment(s):
| agree |
DGK T-I
: the way it is written, that is how I'd interpret it too. The wording seems a bit strange though, so I'd check what wording & meaning was intended - there could have been some other sort of mistake (perhaps, although maybe I'm being overly sceptical)
7 hrs
|
+1
40 mins
possibly it's intended to mean
none of [the following list...]
the entry into of this contract,
the provision of the Confidential Information (to the receiving party, or for the benefit of the Receiving Party),
(or)anything contained in the Confidential Information
shall constitute [be, create, act as a]
a warranty [guarantee] or representation [saying that it is]
as to the accuracy, adequacy or completeness of the Confidential Information.
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Note added at 42 mins (2004-08-18 09:45:33 GMT)
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\'the entry into of this contract\' would be odd though
- \'entry into\'? [meaning agreeing/accepting the contract]
check the wording and meaning intended
with the client though, since uultimately it\'s their responsibility and they will have to use it
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Note added at 47 mins (2004-08-18 09:50:23 GMT)
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(\'entering into\' might have made it a bit better - if they meant to say accepting/agreeing the contract.
It\'s not well written, in my view.)
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Note added at 48 mins (2004-08-18 09:51:28 GMT)
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(Which doesn\'t inspire confidence that its meaning has been made clear)
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Note added at 3 hrs 25 mins (2004-08-18 12:27:52 GMT)
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The slight strangeness of the writing, which isn\'t just a matter of using legal English, could be explained in other ways - and this should be checked.
I\'ve said that \"none of the entry into of this contract\"
is strange, and could be just a mistake for \"none of, the entering into of this contract [and the other things...] shall...\"
but that\'s still clumsy writing.
Another possibility is that the writer meant to say:
\"None of the entry info of this contract.....\"
It would be sloppy to shorten the word in the contract, but one way or the other the wording is sloppy. And it would fit in with what follows.
If the first meaning is assumed, then it\'s talking about the fact of having made a contract.
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Note added at 3 hrs 27 mins (2004-08-18 12:30:01 GMT)
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Which is also possible - but it\'s important to check the wording to make sure (I wouldn\'t rely on the wording without checking).
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Note added at 3 hrs 29 mins (2004-08-18 12:32:01 GMT)
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(after all, \'f\' and \'t\' are next to one another)
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Note added at 3 hrs 31 mins (2004-08-18 12:34:13 GMT)
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typo.at the top of my answer (if it is meant to be this)
\"the entering into of the contract\"
(probably not necessary to say, but just in case:
\"the provision of the Confidential Information\" means providing/giving\")
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Note added at 10 hrs 55 mins (2004-08-18 19:58:25 GMT)
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It still could just have been \"none of: the entry into the contract, ...\" (same as \"the entering into of\"), but all these wordings make me wonder whether they were intended (perhaps I\'m being too sceptical?)
--------------------------------------------------
Note added at 10 hrs 56 mins (2004-08-18 19:59:04 GMT)
--------------------------------------------------
(because they seem a bit odd)
the entry into of this contract,
the provision of the Confidential Information (to the receiving party, or for the benefit of the Receiving Party),
(or)anything contained in the Confidential Information
shall constitute [be, create, act as a]
a warranty [guarantee] or representation [saying that it is]
as to the accuracy, adequacy or completeness of the Confidential Information.
--------------------------------------------------
Note added at 42 mins (2004-08-18 09:45:33 GMT)
--------------------------------------------------
\'the entry into of this contract\' would be odd though
- \'entry into\'? [meaning agreeing/accepting the contract]
check the wording and meaning intended
with the client though, since uultimately it\'s their responsibility and they will have to use it
--------------------------------------------------
Note added at 47 mins (2004-08-18 09:50:23 GMT)
--------------------------------------------------
(\'entering into\' might have made it a bit better - if they meant to say accepting/agreeing the contract.
It\'s not well written, in my view.)
--------------------------------------------------
Note added at 48 mins (2004-08-18 09:51:28 GMT)
--------------------------------------------------
(Which doesn\'t inspire confidence that its meaning has been made clear)
--------------------------------------------------
Note added at 3 hrs 25 mins (2004-08-18 12:27:52 GMT)
--------------------------------------------------
The slight strangeness of the writing, which isn\'t just a matter of using legal English, could be explained in other ways - and this should be checked.
I\'ve said that \"none of the entry into of this contract\"
is strange, and could be just a mistake for \"none of, the entering into of this contract [and the other things...] shall...\"
but that\'s still clumsy writing.
Another possibility is that the writer meant to say:
\"None of the entry info of this contract.....\"
It would be sloppy to shorten the word in the contract, but one way or the other the wording is sloppy. And it would fit in with what follows.
If the first meaning is assumed, then it\'s talking about the fact of having made a contract.
--------------------------------------------------
Note added at 3 hrs 27 mins (2004-08-18 12:30:01 GMT)
--------------------------------------------------
Which is also possible - but it\'s important to check the wording to make sure (I wouldn\'t rely on the wording without checking).
--------------------------------------------------
Note added at 3 hrs 29 mins (2004-08-18 12:32:01 GMT)
--------------------------------------------------
(after all, \'f\' and \'t\' are next to one another)
--------------------------------------------------
Note added at 3 hrs 31 mins (2004-08-18 12:34:13 GMT)
--------------------------------------------------
typo.at the top of my answer (if it is meant to be this)
\"the entering into of the contract\"
(probably not necessary to say, but just in case:
\"the provision of the Confidential Information\" means providing/giving\")
--------------------------------------------------
Note added at 10 hrs 55 mins (2004-08-18 19:58:25 GMT)
--------------------------------------------------
It still could just have been \"none of: the entry into the contract, ...\" (same as \"the entering into of\"), but all these wordings make me wonder whether they were intended (perhaps I\'m being too sceptical?)
--------------------------------------------------
Note added at 10 hrs 56 mins (2004-08-18 19:59:04 GMT)
--------------------------------------------------
(because they seem a bit odd)
Peer comment(s):
| agree |
Refugio
: I think you are right about 'none of the following'. Maybe the writer, though legally trained, is not a native English speaker?
16 hrs
|
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