The UK Supreme Court recently looked at a syntax issue in McDonald v National Grid Electricity Transmission Plc [2014] 3 WLR 1197, [2014] WLR(D) 439, [2014] UKSC 53 (22 October 2014). The issue was how to interpret a clause that had an introductory phrase and it was not clear what the introductory phrase modified because it was positioned at the… Read more
Reviewing a procedure clause from a Dutch foundation’s terms and conditions Let’s take a close look at a typical clause from a set of Dutch general terms and conditions prepared in English. This example is based on a clause that was — quite randomly — found on the website of a Dutch foundation. In this clause, the foundation sets out the… Read more
Let’s take a close look at another problematic clause from a Dutch contract drafted in English. Here is a typical limitation-of-liability clause (exoneratieclausule), taken at random from a Dutch judgment: Except in the case of gross negligence or wilful misconduct from X, the liability of X in respect of loss or damage to Y products shall be limited (…) to… Read more
Many drafted clauses translated from Dutch to English retain their original Dutchness. When it comes to drafted text, lawyers and translators are sometimes reluctant to stray too far from the original Dutch wording. Also, some of these clauses are simply difficult to understand—despite the great care no doubt taken by the lawyer and translator involved. Let me give you an… Read more
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