Glossary entry

French term or phrase:

immobilisation de rengagement

English translation:

loss of business opportunity

Added to glossary by Carolyn Brice
May 6, 2006 09:33
18 yrs ago
1 viewer *
French term

immobilisation de rengagement

French to English Law/Patents Law: Contract(s) Lease Agreement
The sentence:

Si, après la signature du présent Contrat par les deux parties, le Locataire le résilie avant la Date d'Effet de la Location, il sera redevable envers le Loueur d'une indemnité d'annulation aux fins de compensation de ***l'immobilisation de rengagement*** du Loueur de mettre les Equipements à sa disposition, égale à neuf mois de loyer H.T. prévus aux Conditions Particulières (en cas de loyers progressifs ou dégressifs, le loyer moyen sur la période de location sera retenu).

I understand what it's saying, but how is this expressed in English?

Discussion

Carolyn Brice (asker) May 6, 2006:
PC Equipment
Steve Melling May 6, 2006:
Ok, thanks. That's how I would see it. BTW, what does the contract concern? You mention equipment.
Carolyn Brice (asker) May 6, 2006:
I think that it is saying that since the Lessee signed the lease agreement, the Equipment was reserved for him and so the Lessor could not make it available to another party. Or something like that, I don't know if I'm explaining it very well...
Steve Melling May 6, 2006:
Bit weird this one; I've Googled and it's apparently a unique wording.

What exactly do you understand here, Carolyn?

Proposed translations

4 hrs
Selected

loss of business opportunity (see explanation)

Il faut se garder du mot à mot pour saisir le sens : ***aux fins de compensation de l'immobilisation de rengagement***: the Lessor will seek compensation for damages arising from the loss of business opportunities.

immobilisation de rengagement : futher business transactions are prevented

"Loss of profit" would be too specific (no "profit" mentioned in the original) and "Loss of rights" would also not be appropriate (the Lessor would lose none of his rights in the circumstances, it would seem)
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "All answers were very helpful, but I think this does convey the exact meaning. Thanks to all!"
34 mins

on the grounds of lost profit

Take a look at the "Cancellation" section in this contract.

It's not a straight translation but it conveys the crux of the matter (I think).

Someone will find something better I'm sure.
Note from asker:
Great link, thanks!
Something went wrong...
39 mins

Please see below.-

I think you are right, Carolyn. Here the Lessor, or hirer, or renter is forced to immobilize the equipment in the case of an unforeseen cancellation of the Leasing contract and must be compensated, indemnised. Here "rengagement" is used in the sense of not being able to inmediately undertake a new leasing transction, and therefore there is a monetary damage.
Therefore, a reasonable approach to a translation would be " lessor's inability to again engage the equipment "....

Anyway, the clause's wording is awful, if I may say so...


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Note added at 40 mins (2006-05-06 10:13:44 GMT)
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Typo:"transaction".- Sorry.-
Note from asker:
You should see the rest of it...
Something went wrong...
42 mins

loss of the lessor's right to freely dispose...

...of the property.

I'm not sure there's an exact UK equivalent, but something along these lines may work. As you have understood it (and I agree with you), this is compensation for the lessor's loss in not being able to rent the property to anyone else during the reservation period.

Also, "loss of the lessor's right to full enjoyment of the property"
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