There is not a single translation for this expression. Depending on the context, you can translate them into a compensation clause, a compensation clause or an exemption from liability clause. A clause such as the one we have just seen serves, in some cases, to transfer the risk of economic harm or harm from one side to the other. Such a transfer of risk is considered fair because it is accepted by the person responsible for the injury because of non-compliance with its obligations or negligent conduct. Views like these generally seem simple, but if we get closer to the detailed study of these points of view, we find many linguistic and conceptual problems that usually cause many problems. One of the most important is that which results from a technique typical of legal English, which is widespread in these clauses: compensate and stand harmless. Some translators, trying to faithfully reproduce the meaning of the text and try not to run out of details, often very literally translate this double as “compensating and releasing responsibility”. Or, even worse, than “compensate and remain intact.” Let`s get some of it. However, as each rule has its exception, some legal experts point out that there are certain differences between the terms compensated and compensated and indicate that they cannot always be considered synonymous. This is reported by Mellinkoff`s Dictionary of American Legal Usage, without specifying that, although the compensation status is often used as a synonym for compensation, it may also, in some cases, relate to the reimbursement of damages incurred (reimbursement of potential damages). In this context, Ken Adams also cites certain court decisions, such as those of the Ninth Court of Appeals in the United States v. Contract Mgmt., Inc. (United States v.
Contract Mgmt., Inc., 912 F.2d 1045, 1048. 9th Cir. 1990). Therefore, if we find the verb compensation in one of these clauses requiring one party to compensate the other party for the specific damages actually suffered (subis), we propose to translate it into compensation, reimbursement or compensation. Let us take an example of this use: “X will compensate, retain compensation and compensation (on a full compensation basis) Y of all costs, expenses and losses incurred by Y as a result of a breach of X`s commitments” Based on what we have just explained, we propose to simplify this double and to translate into unblocking, exoneration or discharge of liability. Let us consider two examples and our translation proposal: “This clause effectively prevents the party responsible for compensation from bringing an action against the party who is compensated.” Thank you for registering for the free trial. Please check your email and click on the confirmation link to start your test file. I`m glad I found your blog. It was very ed. What I find interesting (in my previous comment) about “baseless” is this: .
The e-mail has an inflated format. Please enter a correct as [email protected] one. The link: www.ober.com/publications/2113-clarifying-confusing-world-indemnification-hold-harmless-defense-clauses to delay the answer to your question.