defeat the terms of the agreement

frenchaudrey

Senior Member
French, France
Hi

I have to translate this sentence but I cannot even understand it.
The sentence goes "X has to prevent the taking by them (the Directors) or by any of them or by any person of any action contrary to or motivated by an intention to defeat the terms of the agreement".

Thank you very much in advance :)
 
  • coconutpalm

    Senior Member
    Chinese,China
    "X has to prevent the taking by them (the Directors) /
    or by any of them /
    or by any person of any action contrary to <the terms of the agreement>
    or by <any person of any action> motivated by an intention to defeat the terms of the agreement"."
     

    frenchaudrey

    Senior Member
    French, France
    Thanks for your help... It confirms that I understood that sentence well gramatically speaking but I still cannot figure it what it actually means :eek:

    Thanks anyway :)
     

    cuchuflete

    Senior Member
    EEUU-inglés
    frenchaudrey said:
    "X has to prevent the taking by them (the Directors) or by any of them or by any person of any action contrary to or motivated by an intention to defeat the terms of the agreement".

    Assuming that X is either a person, a corporate person (a company), or a legal mechanism...

    The objective is to protect the terms of the agreement from being subject to either defeat or contrary action by any of these:

    The directors as a group
    any single director
    any other person

    If you tell us what X represents, we might make it just a little simpler.
     

    frenchaudrey

    Senior Member
    French, France
    Ooppss :eek:
    Actually X refers to directors belonging to the board of directors...
    But what does "defeat" mean in that context ? "to vote down"???

    Thanks a lot :)
     

    cuchuflete

    Senior Member
    EEUU-inglés
    I'm confused. If X is the totality of or a sub-group of the board of directors, then it just means that the directors have to control themselves!
    Please give us the sentence before the one you quote.
     

    nycphotography

    Senior Member
    American English
    I personally think that, in the context of living under an agreement, the phrase "defeat the terms of the agreement" is nonsense.

    You can't defeat the terms of an agreement. You may violate them. You can ignore them. But the terms are not defeated.

    You can also circumvent them... which means brings me to my point: Circumventing the terms of an agreemenr means working within those terms while voilating the spirit of the agreement.

    The only time the phrase "defeat the terms of the agreement" is apropos is when the validity or enforceability of terms are themselves specifically being challenged in court.
     

    boonognog

    Senior Member
    English (U.S.)
    nycphotography, I think you nailed it. It does sound like a legal contract, designed to obligate the Board of Directors, individually and corporately, to uphold the terms of the contract and to abstain from any legal action that questions or might bring into question the legality of the terms of contract.

    Translating legal mumbo-jumbo is different than translating regular English, frenchaudrey. Good luck!

    (Edited to attempt to clarify...)
     

    ireney

    Modistra
    Greek Greece Mod of Greek, CC and CD
    I think that "defeat the terms" is a general term used to encompass both keeping the letter of the agreement but not the spirit of it and trying to 'anull ' it in any way, although I have only encountered it (just twice mind you) as meaning the former.
     
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