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in furtherance of this Agreement

English translation: in implementation of / to advance or realise the purposes of this agreement

13:55 Dec 24, 2017
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: in furtherance of this Agreement
Something the end user may do “in furtherance of this Agreement”. Is it just a fancy way of saying “on the basis of this Agreement”? Thanks.
Pavel Slama
United Kingdom
Local time: 23:35
Selected answer:in implementation of / to advance or realise the purposes of this agreement
Explanation:
In principle, "in furtherance of this agreement" doesn't have precisely the same meaning as "on the basis of this agreement". "On the basis of", to my mind, means the same as "under (the terms of)", "pursuant to", "by virtue of". All these refer to things that the terms of the agreement require or allow to be done. "In furtherance of", properly used, should refer to something done to advance the aims for which the agreement was entered into. Of course there is a considerable overlap, and things done under the terms of the agreement are likely to be in furtherance of it, and vice versa, but the perspective is strictly distinct. In particular cases, however, the person who drafted the contract may not actually be making that distinction and may in practice be treating "in furtherance of" as a synonym of "on the basis of". Many people, including translators, fail to observe fine distinctions of this kind.

Consider the following example, from the Irish Construction Contracts Act 2013:

"“work”, in relation to a construction contract, means any act done in furtherance of the construction contract under the terms of the construction contract."
http://www.irishstatutebook.ie/eli/2013/act/34/section/1/ena...

Note how "in furtherance of" is here distinguished from "under the terms of". The latter means that the terms of the contract require or allow the work to be done; the former means that the work contributes to implementing and realising the purposes of the agreement: the purpose of the agreement is to carry out a construction and the work contributes to that end.

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Note added at 1 day 2 hrs (2017-12-25 16:12:04 GMT) Post-grading
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And Veselé Vánoce to you, Pavel :-)
Selected response from:

Charles Davis
Spain
Local time: 00:35
Grading comment
Thanks
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +2in implementation of / to advance or realise the purposes of this agreement
Charles Davis


Discussion entries: 4





  

Answers


3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
in furtherance of this agreement
in implementation of / to advance or realise the purposes of this agreement


Explanation:
In principle, "in furtherance of this agreement" doesn't have precisely the same meaning as "on the basis of this agreement". "On the basis of", to my mind, means the same as "under (the terms of)", "pursuant to", "by virtue of". All these refer to things that the terms of the agreement require or allow to be done. "In furtherance of", properly used, should refer to something done to advance the aims for which the agreement was entered into. Of course there is a considerable overlap, and things done under the terms of the agreement are likely to be in furtherance of it, and vice versa, but the perspective is strictly distinct. In particular cases, however, the person who drafted the contract may not actually be making that distinction and may in practice be treating "in furtherance of" as a synonym of "on the basis of". Many people, including translators, fail to observe fine distinctions of this kind.

Consider the following example, from the Irish Construction Contracts Act 2013:

"“work”, in relation to a construction contract, means any act done in furtherance of the construction contract under the terms of the construction contract."
http://www.irishstatutebook.ie/eli/2013/act/34/section/1/ena...

Note how "in furtherance of" is here distinguished from "under the terms of". The latter means that the terms of the contract require or allow the work to be done; the former means that the work contributes to implementing and realising the purposes of the agreement: the purpose of the agreement is to carry out a construction and the work contributes to that end.

--------------------------------------------------
Note added at 1 day 2 hrs (2017-12-25 16:12:04 GMT) Post-grading
--------------------------------------------------

And Veselé Vánoce to you, Pavel :-)

Charles Davis
Spain
Local time: 00:35
Native speaker of: English
PRO pts in category: 72
Grading comment
Thanks
Notes to answerer
Asker: Thank you, Charles, for this detailed analysis. It rings true, I have to say. The meaning you describe as proper use (“to move the contract forward”, perhaps, in simple words) is the one popping out in EurLex, plus of course I know what “to further something” means. The meaning of the sentence in my contract, however, lead me to expect the slightly misguided use. I should have deciphered it myself, really, but your analysis brought clarity. How else would one fine-tune their ear to subtleties? Feliz Navidad, unless you are more of a Los Reyes Magos kind of person :)


Peer comments on this answer (and responses from the answerer)
agree  Jack Doughty
43 mins
  -> Thanks, Jack
neutral  writeaway: maybe, if the actual context confirms this. if it does, I'd stick with the more neutral version "in implementation of"
54 mins
  -> "Maybe" is too grudging, in my view. I did say that it may not have been used correctly; without seeing the context, of course, we can't tell. But I believe my answer is right in principle. Happy Christmas!
agree  acetran
21 days
  -> Thanks, acetran :-)
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