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英语翻译Thematerialpartsoftheoptionclauseareasfollows:"Thesaidoptionshallbeexercisablebynoticeinwritingtotheintendingvendoratanytimewithinsixmonthsfromthedatehereof..."Inmyjudgment,thephrase"noticeinwriting
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英语翻译
The material parts of the option clause are as follows:
"The said option shall be exercisable by notice in writing to the intending vendor at any time within six months from the date hereof ..."
In my judgment,the phrase "notice in writing" is of importance in this context.Conveyancers are familiar with it and frequently use it.It occurs in many sections of the Law of Property Act 1925; for examples,see sections 36 (2),136,146 and 196.In the option clause under consideration the draftsman used the phrase in connection with the exercise of the option but in other parts of the agreement he was content to use such phrases as "agreed in writing" (see clause 4) and "if required in writing" (see clause 8 (a)).Should any inference be drawn from the use of the word "noticequot?In my judgment,yes.Its derivation is from the Latin word for knowing.A notice is a means of making something known.The Shorter Oxford English Dictionary gives as the primary meanings of the word:"Intimation,information,intelligence,warning,...Formal intimation or warning of something." If a notice is to be of any value it must be an intimation to someone.A notice which cannot impinge on anyone's mind is not functioning as such.
Now in this case,the "notice in writing" was to be one "to the intending vendor." It was to be an intimation to him that the grantee had exercised the option:he was the one who was to be fixed with the information contained in the writing.He never was,because the letter carrying the information went astray.The plaintiffs were unable to do what the agreement said they were to do,namely,fix the defendant with knowledge that they had decided to buy his property.If this construction of the option clause is correct,there is no room for the application of any rule of law relating to the acceptance of offers by posting letters since the option agreement stipulated what had to be done to exercise the option.On this ground alone I would dismiss the appeal.
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The material parts of the option clause are as follows:
"The said option shall be exercisable by notice in writing to the intending vendor at any time within six months from the date hereof ..."
In my judgment,the phrase "notice in writing" is of importance in this context.Conveyancers are familiar with it and frequently use it.It occurs in many sections of the Law of Property Act 1925; for examples,see sections 36 (2),136,146 and 196.In the option clause under consideration the draftsman used the phrase in connection with the exercise of the option but in other parts of the agreement he was content to use such phrases as "agreed in writing" (see clause 4) and "if required in writing" (see clause 8 (a)).Should any inference be drawn from the use of the word "noticequot?In my judgment,yes.Its derivation is from the Latin word for knowing.A notice is a means of making something known.The Shorter Oxford English Dictionary gives as the primary meanings of the word:"Intimation,information,intelligence,warning,...Formal intimation or warning of something." If a notice is to be of any value it must be an intimation to someone.A notice which cannot impinge on anyone's mind is not functioning as such.
Now in this case,the "notice in writing" was to be one "to the intending vendor." It was to be an intimation to him that the grantee had exercised the option:he was the one who was to be fixed with the information contained in the writing.He never was,because the letter carrying the information went astray.The plaintiffs were unable to do what the agreement said they were to do,namely,fix the defendant with knowledge that they had decided to buy his property.If this construction of the option clause is correct,there is no room for the application of any rule of law relating to the acceptance of offers by posting letters since the option agreement stipulated what had to be done to exercise the option.On this ground alone I would dismiss the appeal.
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答案和解析
= =建议楼主把他裁成小段,分段提问
或是提高分值
否则以现在情况看是不会有人如此热心给你人工翻译的
反正我一看这么多就没什么想翻的想法了.
或是提高分值
否则以现在情况看是不会有人如此热心给你人工翻译的
反正我一看这么多就没什么想翻的想法了.
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