Learn a sentence of limitation of liability in an English contract, which is excerpted from a real contract abroad.
1. Original English text:
limitation of liability. except for any indemnification obligations of the parties hereunder, each party’s liability to the other for any loss, cost, claim, injury or liability or expense, including reasonable attorney’s fees relating to or arising out of any negligent act or omission in its performance of this agreement, whether in contract or in tort, shall be limited to the actual cost of the services or functions not performed or improperly performed.
2. Key Vocabulary:
1. Indemnification: noun, compensation;
2. Attorney's fees: fixed collocation, attorney's fees;
3. Negligent Act: fixed collocation, negligent behavior;
4. omission: noun, inaction;
5. tort: noun, infringement.
3. Sentence analysis:
If a heavier liability for breach of contract is stipulated at the time of entering into a contract, it may cause the parties to have doubts and thus the transaction cannot be completed. Therefore, the parties may agree to limit the liability for breach of contract to a specific scope, thereby helping to facilitate the transaction. This sentence limits liability to actual costs.
Fourth, the overall translation:
Limitation of Liability. In addition to the parties' indemnification obligations under this Agreement, each party's liability for any losses, costs, claims, injuries or liabilities or expenses of the other party, including reasonable attorneys' fees, related to or arising out of the performance of the negligent act or omission (whether in contract or tort) under this Agreement, shall be limited to the actual costs of the failure to perform or improper performance of the services or functions.
About the Author:
Mark Xu, the founder of Juntai Legal Translation, is an expert in legal English and English contracts. Master of Laws (International Law) from Nanjing University, Nanjing University-Johns Hopkins University Center for Chinese and American Cultural Studies, undergraduate English major. He has a legal professional qualification certificate and a CET-8 certificate in English. Long-term provision of legal English services, such as: legal English documents, English contract drafting, review, translation, over the years with a total of 3 million + words, with rich experience in legal English documents, English contract processing.