Re: SUGGESTION: TechWR and Translation

Subject: Re: SUGGESTION: TechWR and Translation
From: DAVID IBBETSON <ibbetson -at- IDIRECT -dot- COM>
Date: Wed, 15 May 1996 23:11:47 -0400

John Posada writes:
>3) Should you create a document, and it gets translated, where does the legal
>obligation apply. To the English version of the document regardless of what
>the translated document says or based on the document in the receivers native
>language?

This depends on the contract wording. If the contract is silent on the
point, it will probably depend on the country it was signed in. If the
contract is silent, lawyers will in due course be well-paid to argue the point.

A multi-lingual contract might say something like "This contract shall be
interpreted according to the laws of Erewhon. In case of dispute the
Ruritanian version shall prevail."

Canadian laws appear in English and French. Both versions are equally
authentic. This occasionally leads to legal contortions when appeal courts
realise that the two versions say different things.

David Ibbetson, Ontario, Canada ibbetson -at- idirect -dot- com

One Cartwright brought a Slave from Russia, and would scourge him, for which
he was questioned: and it was resolved, That England was too pure an Air for
Slaves to breathe in. --British court in 11th of Elizabeth (17 Nov 1568-16
Nov 1569)
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