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  3. Law: Contract(s)

given upon receipt

English translation: will be considered as delivered in the moment they are received

14:18 Dec 4, 2018
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: given upon receipt
All notices required or permitted under this Agreement will be in writing and delivered personally, by courier or overnight delivery service, or by certified mail, or by electronic mail, and in each instance will be deemed given upon receipt.
Nam Vo
Vietnam
Local time: 16:00
Selected answer:will be considered as delivered in the moment they are received
Explanation:
Suggestion
Selected response from:

Guilherme Silva
Brazil
Local time: 06:00
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +6will be considered as delivered in the moment they are received
Guilherme Silva
5notices will be deemed as having been served upon receipt
Daryo


  

Answers


4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +6
will be considered as delivered in the moment they are received


Explanation:
Suggestion

Guilherme Silva
Brazil
Local time: 06:00
Specializes in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 4
Grading comment
Selected automatically based on peer agreement.
Notes to answerer
Asker: Thank you :)


Peer comments on this answer (and responses from the answerer)
agree  philgoddard
18 mins
  -> Thank you!
agree  Shekhar Banerjee
30 mins
  -> Thank you!
agree  AllegroTrans: at the moment
40 mins
  -> Thank you!
agree  Jack Doughty: with AllegroTrans
43 mins
  -> Thank you!
agree  Patricia Fierro, M. Sc.
1 hr
  -> Thank you!
disagree  Daryo: meaningless tautology - when else could you physically "deliver" a letter if not when handing it in to the recipient??? // you are confusing/ignoring the concept of "legally serving" a notice and talking of the "delivery" by courier, mail, email...
5 hrs
  -> Do you think it changes the meaning or.the understanding of the context?
agree  Yvonne Gallagher: with AT
23 hrs
  -> Thank you!
agree  acetran
3 days 2 hrs
  -> Thank you!
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1 day 3 hrs   confidence: Answerer confidence 5/5
notices will be deemed given upon receipt
notices will be deemed as having been served upon receipt


Explanation:

what counts in law is the moment when the recipient of the notice becomes aware of the notice [you can't act on something you are unaware of, can you? and there is NO legal presumption of telepathy ...] - so

"notice given" in fact means "received / read by the recipient" what is called "a notice being served"

a side note: it's a legal concept that has nothing to do with "delivered" as used in the courier business - in some cases a notice could be "deemed to have been served" without ever being "delivered" (by post, courier, email, ...) to absolutely no one!

as there is the practical problem of proving when this "becoming aware of ..." happened - (a letter/an email could be left unopened or unread for ages!), there are conventions regarding when "receiving / becoming aware of the notice" is deemed to have happened.

Here, the assumption in this contract is that the moment a notice is delivered (electronically or by hand) the recipient will read it immediately so the notice is to be considered as [/ to be deemed as] "having been served to the other party" - i.e. the other party becoming aware of its content at that moment.

it might not mean much to the Asker, but a French version would make the "nuance" between

"message delivered" and "notice legally deemed as given" clearer:

Tout avis formulé dans le cadre des présentes sera considéré comme ayant été signifié s'il est envoyé par courrier prioritaire, fax ou e-mail à la partie concernée à sa dernière adresse connue. Les avis envoyés par courrier prioritaire seront considérés comme ayant été signifiés 7 jours après leur envoi et les avis envoyés par fax ou e-mail seront considérés comme ayant été signifiés à la date de leur envoi.
https://www.scilabware.com/fr/terms-conditions

The relevant part:

All notices required or permitted under this Agreement ... will be deemed given
=
Tout avis formulé dans le cadre des présentes sera considéré comme ayant été signifié


in fact, "given" is not quite the right term - "served" would have been more appropriate / less error-inducing ...

here "notice given" means "notice having been (legally) served" = the receiving party is deemed having been made aware of the content.


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Note added at 1 day 4 hrs (2018-12-05 18:31:29 GMT)
--------------------------------------------------

expressed in a different way:

(1) you have the legal concept of "serving" a notice, or any other form of legal communication - not best formulated in this ST as "notice given"
and
(2) the physical delivery of a letter / email / CD / USB stick / a stone engraved with the message / whatever physical support ... formulated in this ST as "in writing and delivered personally, by courier or overnight delivery service, or by certified mail, or by electronic mail, ..."

and this clause is making a connection between the two for the purpose of this contract.

Daryo
United Kingdom
Local time: 10:00
Specializes in field
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 16

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: "served" is a good operative word but I fail to see the basis of your "disagree" to the first answer
6 hrs
  -> if you see "delivered" and "served" as being the same, no further comments ...
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