Oct 16, 2019 15:34
4 yrs ago
15 viewers *
English term
the determination vs the termination
English
Law/Patents
Law: Contract(s)
The Companies Act of 1948 uses the determination, as seen in point (b) below.
(a) the right to transfer shares is restricted in manner hereinafter prescribed ;
(b) the number of members of the company (exclusive of persons who are in the employment of the company and of persons who having been formerly in the employment of the company were while in such employment and have continued after the determination of such employment to be members of the company) is limited to fifty.
- http://www.legislation.gov.uk/cy/ukpga/1948/38/schedule/FIRS...
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(a) The right to transfer shares is restricted in the manner hereinafter prescribed.
(b) The number of Members of the Company (exclusive of persons who are in the employment of the Company and of persons who, having been formerly in the employment of the Company, were, while in such employment, and have continued after the termination of such employment, to be Members of the Company) is limited to fifty.
- https://www.sec.gov/Archives/edgar/data/1046880/000119312513...
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Searching further online, you can find the both "terms", as seen in search queries below;
and have continued after the determination of such employment - https://isn.page.link/LRA1
and have continued after the termination of such employment - https://isn.page.link/Uojc
is it just a typo, or else ...?
(a) the right to transfer shares is restricted in manner hereinafter prescribed ;
(b) the number of members of the company (exclusive of persons who are in the employment of the company and of persons who having been formerly in the employment of the company were while in such employment and have continued after the determination of such employment to be members of the company) is limited to fifty.
- http://www.legislation.gov.uk/cy/ukpga/1948/38/schedule/FIRS...
-----------------------------------------------------
(a) The right to transfer shares is restricted in the manner hereinafter prescribed.
(b) The number of Members of the Company (exclusive of persons who are in the employment of the Company and of persons who, having been formerly in the employment of the Company, were, while in such employment, and have continued after the termination of such employment, to be Members of the Company) is limited to fifty.
- https://www.sec.gov/Archives/edgar/data/1046880/000119312513...
---
Searching further online, you can find the both "terms", as seen in search queries below;
and have continued after the determination of such employment - https://isn.page.link/LRA1
and have continued after the termination of such employment - https://isn.page.link/Uojc
is it just a typo, or else ...?
Responses
| 4 +1 | determination is perfectly correct |
AllegroTrans
|
| 4 | termination is correct |
philgoddard
|
| 4 | determination |
Alexandra Hirsch (X)
|
References
| Determination |
Daryo
|
Responses
14 mins
philgoddard
United States
United States
Native in English
&
English
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
Related KudoZ points
:
12
termination is correct
Declined
It's interesting if the typo is widespread, but "determination" doesn't make sense in my opinion. They were employees, their employment has been terminated, but they're still shareholders.
Note from asker:
| thanks, I will cross-post it to the Pol=Eng group |
Peer comment(s):
| agree |
AJ Ablooglu
52 mins
|
| disagree |
AllegroTrans
: "Determination" does make sense (see my answer) but the terms are somewhat interchangeable
2 hrs
|
| agree |
Daryo
: doesn't happen often - shouldn't happen at all in principle - but even texts of laws can have typos. Can see how it happened: plenty other occurrences of "determination" (rightly used) in the surrounding text.
3 hrs
|
| disagree |
Yvonne Gallagher
: not a typo. "determination" does indeed make sense
1 day 8 hrs
|
+1
2 hrs
AllegroTrans
United Kingdom
United Kingdom
Native in English
&
English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
Related KudoZ points
:
28
determination is perfectly correct
Declined
Is Determination Of Employment And Termination Of Contract ...
entrusty.com › ...
The action of determination or termination almost always brings the contracting parties into arbitration or litigation. ... Further, it is often said that a contract has been determined or the Contractor's employment has been terminated, which in the strictest sense and interpretation, is wrong.
DETERMINATION OF EMPLOYMENT CONTRACTS ...
https://www.manifieldsolicitors.com › 2019/04/24 › determination-of-empl...
24 Apr 2019 - By Ademola Adeola. Employment relationships are not such that are intended to exist in perpetuity. Consequently, it can be determined in ...
[PDF]Determination of Employment Status Guidance for ... - StaffNet
documents.manchester.ac.uk › display
Determination of Employment Status. Guidance for Managers. Introduction. There are occasions when the University needs to bring in individuals to undertake ...
Chap 6: Determination of Contractor's Employment by ... - Prezi
https://prezi.com › chap-6-determination-of-contractors-employment-by-e...
6 May 2014 - Any disputes regarding the final accounts have to be submitted within 3 months to the consultants to verify if needed to be changed or not.
[PDF]Determination of Employment Relationship Policy ... - UVic
https://www.uvic.ca › universitysecretary › assets › docs › policies
Associated Procedures: Determination of Employment Relationship Procedures. Purpose. 1.00 This policy provides guidance in determining the relationship of ...
[PDF]i DETERMINATION OF CONTRACT BY EMPLOYER IN ... - Core
https://core.ac.uk › download › pdf
by TAYLEE YONG - 2006 - Cited by 5 - Related articles
14 Jul 2006 - Determination of Employment of Contractor. 60. 3.4 Conclusion. 65. 4. DISPUTES ASSOCIATED WITH DETERMINATION OF. CONTRACT BY ..
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Note added at 19 hrs (2019-10-17 11:18:39 GMT)
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See this up-to-date article using "determine" in this sense:
https://www.i-law.com/ilaw/doc/view.htm?id=351057
entrusty.com › ...
The action of determination or termination almost always brings the contracting parties into arbitration or litigation. ... Further, it is often said that a contract has been determined or the Contractor's employment has been terminated, which in the strictest sense and interpretation, is wrong.
DETERMINATION OF EMPLOYMENT CONTRACTS ...
https://www.manifieldsolicitors.com › 2019/04/24 › determination-of-empl...
24 Apr 2019 - By Ademola Adeola. Employment relationships are not such that are intended to exist in perpetuity. Consequently, it can be determined in ...
[PDF]Determination of Employment Status Guidance for ... - StaffNet
documents.manchester.ac.uk › display
Determination of Employment Status. Guidance for Managers. Introduction. There are occasions when the University needs to bring in individuals to undertake ...
Chap 6: Determination of Contractor's Employment by ... - Prezi
https://prezi.com › chap-6-determination-of-contractors-employment-by-e...
6 May 2014 - Any disputes regarding the final accounts have to be submitted within 3 months to the consultants to verify if needed to be changed or not.
[PDF]Determination of Employment Relationship Policy ... - UVic
https://www.uvic.ca › universitysecretary › assets › docs › policies
Associated Procedures: Determination of Employment Relationship Procedures. Purpose. 1.00 This policy provides guidance in determining the relationship of ...
[PDF]i DETERMINATION OF CONTRACT BY EMPLOYER IN ... - Core
https://core.ac.uk › download › pdf
by TAYLEE YONG - 2006 - Cited by 5 - Related articles
14 Jul 2006 - Determination of Employment of Contractor. 60. 3.4 Conclusion. 65. 4. DISPUTES ASSOCIATED WITH DETERMINATION OF. CONTRACT BY ..
--------------------------------------------------
Note added at 19 hrs (2019-10-17 11:18:39 GMT)
--------------------------------------------------
See this up-to-date article using "determine" in this sense:
https://www.i-law.com/ilaw/doc/view.htm?id=351057
Note from asker:
| thank you, I will leave it to the PL-En group asker to pick the answer |
Peer comment(s):
| neutral |
Daryo
: yes, you could have situations where the nature of what could be /is an "employment contract" (in this ST for an employee NOT a contractor) has to be determinated but it makes no sense in the text quoted with the question.
48 mins
|
|
it's "determined" not "determinated" and the Companies Act 1948 uses this term, so how can you say "neutral" ?
|
|
| agree |
Yvonne Gallagher
: of course this is correct.
1 day 6 hrs
|
|
Thank you
|
1 day 5 hrs
determination
Declined
determination < determinable
Collins Dictionary defines "determinable" as
adjective
1.
able to be decided, fixed, or found out
2.
law
liable to termination under certain conditions; terminable
Collins English Dictionary. Copyright © HarperCollins Publishers
while the Oxford Dictionary of Law lists "determinable interest" and lawguru.com defines "determination" as "The end, the conclusion, of a right or authority,
as, the determination of a lease."
Collins Dictionary defines "determinable" as
adjective
1.
able to be decided, fixed, or found out
2.
law
liable to termination under certain conditions; terminable
Collins English Dictionary. Copyright © HarperCollins Publishers
while the Oxford Dictionary of Law lists "determinable interest" and lawguru.com defines "determination" as "The end, the conclusion, of a right or authority,
as, the determination of a lease."
Reference comments
3 hrs
Reference:
Determination
Determination
The final resolution or conclusion of a controversy.
In legal use, determination usually implies the conclusion of a dispute or lawsuit by the rendering of a final decision. After consideration of the facts, a determination is generally set forth by a court of justice or other type of formal decision maker, such as the head of an Administrative Agency.
Determination has been used synonymously with adjudication, award, decree, and judgment. A ruling is a judicial determination concerning matters, such as the admissibility of evidence or a judicial or an administrative interpretation of a statute or regulation.
https://legal-dictionary.thefreedictionary.com/determination
The final resolution or conclusion of a controversy.
In legal use, determination usually implies the conclusion of a dispute or lawsuit by the rendering of a final decision. After consideration of the facts, a determination is generally set forth by a court of justice or other type of formal decision maker, such as the head of an Administrative Agency.
Determination has been used synonymously with adjudication, award, decree, and judgment. A ruling is a judicial determination concerning matters, such as the admissibility of evidence or a judicial or an administrative interpretation of a statute or regulation.
https://legal-dictionary.thefreedictionary.com/determination
Peer comments on this reference comment:
| disagree |
AllegroTrans
: This is a valid definition, but not the one at issue here, it's not about getting a Court to rule
3 hrs
|
Discussion
I'm getting emails for KudoZ service reminding me to pick the answer and close the question, but I'm kind of undecided here. :(
Or ask any lawyer.
https://api.parliament.uk/historic-hansard/lords/1913/jul/01...
Typos should never happen in the published texts of laws, but it seems to be the case of this law dating from 1940s, or it's a use of "determination" that is nowadays abandoned, which also would seem unlikely as legal terms tend to last for very long time.