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  3. Law: Contract(s)

säga upp vs. häva

English translation: tenant or landlord: give notice to quit (or determine a tenancy) vs. cancel an agreement

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Swedish term or phrase:säga upp vs. häva
English translation:tenant or landlord: give notice to quit (or determine a tenancy) vs. cancel an agreement
Entered by: Charlesp

11:04 Dec 28, 2020
Swedish to English translations [PRO]
Law/Patents - Law: Contract(s)
Swedish term or phrase: säga upp vs. häva
säga upp and häva
Both säga upp and häva is to cancel or terminate a contract. But how to express this difference in English (or even if to bother to). Is there really a difference between säga upp and häva? (as neither of them are a revocation)
Charlesp
Sweden
Local time: 18:28
BrE tenant or landlord: give notice to quit or 'determine' a tenancy vs. 'cancel' an agreement
Explanation:
I concur with Paul L. in säga upp meaning to give notice.

Low confidence level as I have no idea what the target or object of either verb is. Revoke may be alright for the second one in some circumstances,

In the weblink it means give notice to terminate with immediate effect. The DEU 'equivalent' once caused a professional negligence claim at my erstwhile London translation office when den Mietvertrag zum .... am ... kündigen > SE: säga upp avtalet på till upphörande dagen cf. the second ProZ weblink

- meant giving notice to quit in a lease on ... a date... 'expiring' so effective on a future date. The two dates got mixed up and it was too late to get the tenants out when the notice was supposed to kick in, lumbering the landlords with the tenants in Franfurt am Main another year.

BTW, a legally unqualified office director once doubted someone else's translation of 'determining' a lease by notice to terminate, though IMO it had been a sound-to-excellent legal translation.

Contracts can be cancelled - contrary to the word of Solicitors and Barristers at a contract workshop in London claiming it was 'impossible' cf. the UK Consumer Credit Act 1974.

Also in ENG law there is a grave doubt - as regards häva - whether rescission can be unilateral as opposed to ordered by the court or mutually agreed by both or all parties to a contract.
Selected response from:

Adrian MM.
Austria
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
3terminate v cancel
SafeTex
2BrE tenant or landlord: give notice to quit or 'determine' a tenancy vs. 'cancel' an agreement
Adrian MM.


Discussion entries: 2





  

Answers


2 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
BrE tenant or landlord: give notice to quit or 'determine' a tenancy vs. 'cancel' an agreement


Explanation:
I concur with Paul L. in säga upp meaning to give notice.

Low confidence level as I have no idea what the target or object of either verb is. Revoke may be alright for the second one in some circumstances,

In the weblink it means give notice to terminate with immediate effect. The DEU 'equivalent' once caused a professional negligence claim at my erstwhile London translation office when den Mietvertrag zum .... am ... kündigen > SE: säga upp avtalet på till upphörande dagen cf. the second ProZ weblink

- meant giving notice to quit in a lease on ... a date... 'expiring' so effective on a future date. The two dates got mixed up and it was too late to get the tenants out when the notice was supposed to kick in, lumbering the landlords with the tenants in Franfurt am Main another year.

BTW, a legally unqualified office director once doubted someone else's translation of 'determining' a lease by notice to terminate, though IMO it had been a sound-to-excellent legal translation.

Contracts can be cancelled - contrary to the word of Solicitors and Barristers at a contract workshop in London claiming it was 'impossible' cf. the UK Consumer Credit Act 1974.

Also in ENG law there is a grave doubt - as regards häva - whether rescission can be unilateral as opposed to ordered by the court or mutually agreed by both or all parties to a contract.

Example sentence(s):
  • UK: You have the right to cancel a credit agreement if it's covered by the Consumer Credit Act 1974. You're allowed to cancel within 14 days - this is often called a 'cooling off' period.

    Reference: http://www.proz.com/kudoz/swedish-to-english/idioms-maxims-s...
    Reference: http://www.proz.com/kudoz/swedish-to-english/law-contracts/4...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 8
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
terminate v cancel


Explanation:
I asked exactly the same question to Agneta Pallinder by email about 2 months ago and this is the answer she gave me if my memory serves me correctly.

SafeTex
France
Local time: 18:28
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 23
Notes to answerer
Asker: Thanks. I would have split the points, if I could. Your contribution was appreciated, but the other guy wrote more details. -- could be useful to others searching

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