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English for Specific Purposes (ESP) » Legal English

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Latest post Fri, Mar 24 2006 10:11 AM by Llinda. 4 replies.
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Llinda  +  207798 Mon, 20 Mar 06 09:14 AM

May anyone tell me what "otherwise than" thereinafter means?Smile [:)]

If thought expendient any such division may be otherwise than in accordance with the legal rights of the contributories and in particular any class may be given preferential or special rights or may be exluded altogether or in part;but in case any division otherwise than in accordance with the legal rights of the contributories shall be determined on any contributory who would be prejudiced thereby shall have a right to dissent and ancillary rights as if such determination were a Special Resolution passed pursuant to Section 237 of the Ordinance.

Does it mean that those division is acceptable even if it's not in accordance with the legal rights of blablabla, or does it mean also acceptable in addition to the legal rights of blablabla, i.e. when legal rights do not cover the situation?
Llinda
Joined on Mon, Mar 20 2006
New Member 03
Forbes  +  208221 Tue, 21 Mar 06 11:25 PM
This is very poor and unclear legal drafting. I think they are trying to say that the division does not necessarily have to be according to the contributories' rights. Don't think I would like the clause if I was a contributory.
Forbes
Joined on Thu, Jun 16 2005
Regular Member 895
Related discussions
Llinda  +  208356 Wed, 22 Mar 06 07:02 AM

Thank you very much. Smile [:)]It is drawn from a contract that somebody come to me calling for a translation, into Chinese. They are dealing with some Pakistani company, I think. Thank you again and your help is sincerely appreciated!

BTW, shall we as much as possible avoid using "otherwise than" in legal English for its ambiguity?
Llinda
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Forbes  +  208833 Thu, 23 Mar 06 01:40 PM

I do not think that "otherwise than" is necessarily ambiguous. The following is I think plain:

No fence shall be erected otherwise than in accordance with an approved specification.

In legal drafting it is not necesarily the words used but how they are put together that determines how easy something is to understand.
Forbes
Llinda, 3 yr 243 days ago
Got it. Thank you!Smile [:)]
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