whether under theories of contract

English translation: whether in contract

01:39 Nov 4, 2019

English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)

English term or phrase: whether under theories of contract

Context:
In no event shall a provider be liable to a recipient or any other person for any consequential, incidental, indirect, special or punitive damages, or for lost profits, loss of use or goodwill, whether under theories of contract, negligence (including tort) or otherwise, suffered by the recipient as a result of services provided by the provider to the recipient regardless of whether the provider has been advised of the possibility of such damages.

Nam Vo KudoZ activity Questions: 824 (none open) (5 closed without grading) Answers: 20 Vietnam
Local time: 16:23

Selected answer:whether in contract

Explanation:
Whether in contract, negligence (including tort) or otherwise,

See discussion entry.

This contractual clause is very badly drafted. The expression "negligence (including tort)" is nonsense, as negligence is just one of many torts (civil wrongs). Negligence is a subset of tort, but the contract reads as if tort was a subset of negligence!

Selected response from:

Mark Robertson
Local time: 10:23

Grading comment

Thank you :)
4 KudoZ points were awarded for this answer

SUMMARY OF ALL EXPLANATIONS PROVIDED

5 +4

whether in contract

Mark Robertson

4 +2

whether this is the result of/due to theories of contract

David Hollywood

Summary of reference entries provided

theories of contract

David Hollywood

Discussion entries: 4

Answers

16 mins confidence:

peer agreement (net): +2

whether this is the result of/due to theories of contract

Explanation:
and the "whether" also refers to negligence (including tort) or otherwise

David Hollywood
Local time: 06:23
Native speaker of: English
PRO pts in category: 43

Notes to answerer

Asker: Thanks very much, David :)

6 hrs confidence:

peer agreement (net): +4

whether in contract

Mark Robertson
Local time: 10:23
Specializes in field
Native speaker of:

English
PRO pts in category: 28

Grading comment

Thank you :)

Notes to answerer

Asker: Thanks very much, Mark :)

Reference comments

10 mins

Reference: theories of contract

Reference information:
Contract theory is the study of how people and organizations construct and develop legal agreements. It analyzes how parties with conflicting interests build formal and informal contracts. Contract theory draws upon principles of financial and economic behavior as different parties have different incentives to perform or not perform particular actions. It is also useful for understanding forward contracts, and other legal contracts and their provisions. It also includes an understanding of letters of intent and memorandums of understanding.

David Hollywood
Native speaker of: English
PRO pts in category: 43

Note to reference poster

Asker: Thanks very much, David :)

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whether under theories of contract

English translation: whether in contract

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whether under theories of contract

English translation: whether in contract

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