No party should unreasonably withhold consent to facilitate

Discussion in 'Legal Terminology' started by marfil1, Dec 4, 2012.

  1. marfil1 New Member

    English (UK)
    Hi all!

    I'm translating a legal agreement into Spanish and having a hard time with a bit of wonky grammar that to me just sounds off:

    'No party should unreasonably withhold consent to facilitate anything that could result in the object of this agreement not being obtained'

    The sentence is part of a pretty standard 'best endeavours' clause. I've checked to see if this sentence is in fact normal in the wacky world of legal English. Nothing doing - I haven't been able to find anything resembling it.

    To me, the sentence makes basically no sense. It seems to be saying, 'No one should refuse to agree to something that would facilitate the object of this agreement not being obtained', ie, the goal is to 'NOT obtain the object' of the agreement.

    If I were to translate it as it is into Spanish, I would say something like,
    'Ninguna de las Partes deberia denegar su consentimiento sin motivos validos para favorecer cualquier accion que podria llevar a que no se alcanzara el objetivo de este Acuerdo'... which makes about as much sense as the original, I know!

    Any ideas would be much appreciated. Thank you!
  2. VocabloTrad Senior Member

    English - UK
    Pretty nasty...

    The word "should" is not particularly legally binding and "obtained" doesn't seem right either.

    It seems to be trying (and failing) to say:

    No party should(shall) unreasonably withhold consent to facilitate anything [where such unreasonably withheld consent] could result in the object of this agreement not being obtained(fulfilled).

    Not much help but, in answer to your post title, I'd say:

    "Ninguna de las partes podrá denegar el consentimiento sin causa justificada..."
  3. marfil1 New Member

    English (UK)
    Thanks so much. Thanks to your reply I now actually have an inkling of what the Mystery Sentence means!

    Thanks also for your suggested translation! Much better than my clumsy attempt.

  4. debisgud2 New Member

    English - India
    The perfect translation would be "Neither party should refuse consent without good reason to favor any action that could lead to not reach the objective of this Agreement."
  5. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    Here is what I take the sentence to mean:

    No party is permitted to withhold consent to a request by the other party if the withholding of consent would result in the frustration of the purpose of this agreement.
  6. marfil1 New Member

    English (UK)
    Thanks, everybody, for your input!

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