You know you want out of the contract, but how do you say it in legal English? Are you going to terminate it, resolve it, cancel it, revoke it, avoid it, or rescind it? Child’s play, with the help of our latest Legal English Shot! And since good news rarely travels alone… To brighten your […]

What is the meaning of that expression in Swiss law? Most legal jurisdictions assign a special status to correspondence between lawyers as a means of facilitating the amicable resolutions of disputes. This makes it possible for the parties to speak freely and openly with one another while negotiating an out-of-court settlement. In Switzerland, lawyers are […]

How are the various members of a law firm referred to in English, French, German, and Italian? As the influence of Anglo-Saxon law firms in Europe grows, it is becoming more and more common to hear lawyers in Romandie speaking of colleagues who have become “partners” in a law firm, rather than “associés”.  Use of […]

Terms relating to rights of representation and signing authority in companies   A company is normally represented by the members of its governing body (Exekutivorgan; organe exécutif; organo esecutivo), as registered in the commercial register. In the case of a company limited by shares, for example, this would include the following (recommended English terminology for the […]

A few remarks on the use of the modal verb “shall” in contracts and other legal documents The use of the modal verb “shall” in laws and contracts is a matter of much controversy in the world of legal English. While it is generally recognized that “shall ” (to indicate the future, an obligation or an […]

In English, Maître Renard is just plain Mr. Fox There is no English equivalent to the French Maître (Me) as a formal title or term of address for attorneys. When speaking or writing to a lawyer – be it an American attorney-at-law, or a British solicitor or barrister – one simply addresses them as Ms. […]

Beware of false friends: Jurisprudence, doctrines and the legal literature The French terms “doctrine“ and “jurisprudence“ (in German: “Lehre“ and “Rechtsprechung“) are often mistranslated in English with “doctrine” and “jurisprudence”. The English term “jurisprudence” normally refers to the theory, philosophy and analysis of the law (Oxford dictionary of law: “Jurisprudence is the theoretical analysis of […]

The notion of “consideration” under Common law In connection with contracts, consideration is the technical term for “the act, forbearance, or promise by which one party to a contract buys the promise of the other” (Garner’s Dictionary of Legal Usage). It is also called a “quid pro quo” (something for something). The equivalent in German […]