Nov 28, 2022 13:38
1 yr ago
51 viewers *
English term
Indonesia
Legal, Marketing, Biz, Software, Games
Native in: Indonesian (Variant: Standard-Indonesia) 
Works in: English to Indonesian, Indonesian to English
without commitment or prejudice
English
Law/Patents
Law: Contract(s)
Text: Goods provided by XYZ are made without commitment or prejudice.
The first part should be: without any promise/pledge. But, what does it mean by without prejudice? Similar phrase in the web: without obligation or prejudice.
The first part should be: without any promise/pledge. But, what does it mean by without prejudice? Similar phrase in the web: without obligation or prejudice.
Responses
| 5 +5 | without recourse |
Mark Robertson
|
Responses
+5
34 mins
Mark Robertson
Native in English
&
English
Specializes in field
Translations by lawyers for lawyers
Native in: English 
Works in: Portuguese to English, English
Related KudoZ points
:
28
Selected
without recourse
Without commitment and without prejudice are expressions normally made regarding statements, which limit the extent to which the person addressed can rely on them. These expressions are usually used in negotiations to resolve a dispute or make a contract.
A statement made without commitment does not commit/bind the person, who makes it.
A statement made without prejudice does not harm or cancel the legal rights or privileges of the person who makes the statement, provided it is made in good faith.
In this case however, the expressions are (mis)used to limit a sellers' liability. The correct term in this context is "without recourse".
"Without recourse" means without liability. All sales agreements entered into by a buyer and seller contain rights and responsibilities for both parties. A sale without recourse means the buyer accepts all risks associated with the purchase. This often occurs when items are sold "as is" without any guarantees.
https://www.investopedia.com/terms/w/without-recourse.asp#:~...
A statement made without commitment does not commit/bind the person, who makes it.
A statement made without prejudice does not harm or cancel the legal rights or privileges of the person who makes the statement, provided it is made in good faith.
In this case however, the expressions are (mis)used to limit a sellers' liability. The correct term in this context is "without recourse".
"Without recourse" means without liability. All sales agreements entered into by a buyer and seller contain rights and responsibilities for both parties. A sale without recourse means the buyer accepts all risks associated with the purchase. This often occurs when items are sold "as is" without any guarantees.
https://www.investopedia.com/terms/w/without-recourse.asp#:~...
Peer comment(s):
| agree |
Yvonne Gallagher
: with no obligation or (recourse for) liability
33 mins
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Thanks Yvonne
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| agree |
Andre S. M. Pires
4 hrs
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Obrigado André
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| agree |
Andrew Bramhall
4 hrs
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Thank you Andrew
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| agree |
philgoddard
: The whole sentence is muddled - it could be a translation. "Made" should read "sold" or "supplied".
6 hrs
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Thanks Phil
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| agree |
Clauwolf
22 hrs
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Obrigado
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| neutral |
Daryo
: Goods provided by XYZ are made ... goods "made to order" without any "commitment" to ...? make them at all? More context is badly needed.
1 day 14 hrs
|
| neutral |
AllegroTrans
: we really don't have enough context; I'm sure asker could have provided it without breaching confidentiality
4 days
|
4 KudoZ points awarded for this answer.
Comment: "Thank you for your explanation, Mark."
Reference comments
31 mins
Reference:
Coercion (/koʊˈɜːrʒən, -ʃən/) is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party - https://en.wikipedia.org/wiki/Coercion
necessitate (redirected from necessitation)
Also found in: Thesaurus.
Related to necessitation: attend to
ne·ces·si·tate (nə-sĕs′ĭ-tāt′)
tr.v. ne·ces·si·tat·ed, ne·ces·si·tat·ing, ne·ces·si·tates
2. To require or compel - https://www.thefreedictionary.com/necessitation
necessitate (redirected from necessitation)
Also found in: Thesaurus.
Related to necessitation: attend to
ne·ces·si·tate (nə-sĕs′ĭ-tāt′)
tr.v. ne·ces·si·tat·ed, ne·ces·si·tat·ing, ne·ces·si·tates
2. To require or compel - https://www.thefreedictionary.com/necessitation
Note from asker:
| Thanks José. I am unable to see any link between prejudice and these references. Could you elaborate? |
Discussion
The phrase can even be found used by government organizations (e.g. here: https://www.army.mod.uk/media/6855/awe20-request-for-informa... ).
The fragment you've given is simply nonsensical.
It probably does make sense in context - so what's the context?
So far it sounds like "we will sell you these goods - or maybe not - depending on our mood, the number of solar flares and the phase of the moon" - THAT kind of "agreement" doesn't sound much as a serious / real "agreement" at all.
Still, thank you much, Emmanuella.