Results 1 to 6 of 6
  1. #1
    Join Date
    Feb 2009
    Posts
    21
    Post Thanks / Like

    Smile Cannot be or be caused to be prevented ? Pls help!

    but only if and to the extent that such disruption, despite the exercise of reasonable diligence by SELLER, cannot be or be caused to be prevented, avoided or removed by SELLER

    Dear teachers,

    Herewith, I understand that "despite of trying best by the SELLER, can not be prevented...", but just feel at lost dealing with "be caused to be prevented".

    Could you please help me ? Thank you !

  2. #2
    philpet is offline Newbie
    • Member Info
      • Member Type:
      • Interested in Language
      • Native Language:
      • English
      • Home Country:
      • United States
      • Current Location:
      • United States
    Join Date
    Mar 2009
    Posts
    32
    Post Thanks / Like

    Default Re: Cannot be or be caused to be prevented ? Pls help!

    I am not a teacher. I have a B.A. in Communication and help teach ESL.

    This phrase: "...but only if and to the extent that such disruption, despite the exercise of reasonable diligence by SELLER, cannot be or be caused to be prevented, avoided or removed by SELLER" is legal terminology. As such, it is written to cover all possible circumstances.

    The best way to decifer it is to break it down into its constituent parts:

    There is a potential of some sort of disruption. The mitigation of the disruption, in this case, seems to be up to the Seller. The Seller is to excersise reasonable diligence to stop the disruption.

    If the Seller acts with reasonable diligence and,
    • the disruption cannot be prevented by the Seller (by his/her action)
    • there is nothing the Seller can do to cause the disruption to be prevented (by the Seller's agent)
    • and the disruption cannot be avoided or
    • removed
    Then there is some (left out of the quote) way out of the "contract(?)"


  3. #3
    konungursvia's Avatar
    konungursvia is online now Key Member
    • Member Info
      • Member Type:
      • Academic
      • Native Language:
      • English
      • Home Country:
      • Canada
      • Current Location:
      • Canada
    Join Date
    Mar 2009
    Posts
    4,802
    Post Thanks / Like

    Default Re: Cannot be or be caused to be prevented ? Pls help!

    And I think the legal language is abridged or telegraphed as well, making an omission: cannot be prevented or cause to be prevented... is more complete I think.

  4. #4
    Join Date
    Feb 2009
    Posts
    21
    Post Thanks / Like

    Default Re: Cannot be or be caused to be prevented ? Pls help!

    Quote Originally Posted by philpet View Post
    I am not a teacher. I have a B.A. in Communication and help teach ESL.


    This phrase: "...but only if and to the extent that such disruption, despite the exercise of reasonable diligence by SELLER, cannot be or be caused to be prevented, avoided or removed by SELLER" is legal terminology. As such, it is written to cover all possible circumstances.

    The best way to decifer it is to break it down into its constituent parts:

    There is a potential of some sort of disruption. The mitigation of the disruption, in this case, seems to be up to the Seller. The Seller is to excersise reasonable diligence to stop the disruption.


    If the Seller acts with reasonable diligence and,
    • the disruption cannot be prevented by the Seller (by his/her action)
    • there is nothing the Seller can do to cause the disruption to be prevented (by the Seller's agent)
    • and the disruption cannot be avoided or
    • removed
    Then there is some (left out of the quote) way out of the "contract(?)"
    Thank you so much Philpet! Thank you for your detailed and professional explanations, it helps very much.

    So, can I try to paraphrase the sentence in question like this ? - such disruption, despite the exercise of reasonable diligence by SELLER,

    1)cannot be prevented ...by SELLER
    2)cannot be caused to be prevented, ...by SELLER

    And 2) means: The results from whatever the SELLER does, can not lead to a prevention of such disruption from happening? Therefore the SELLER was disabled in preventing ...?

    A similar example sentence from a dictionary: "the man of his selection will be caused to come near him." - Can I understand as that "be caused to do" means a result (action) from a previous action ?

    Thank you very much!

  5. #5
    philpet is offline Newbie
    • Member Info
      • Member Type:
      • Interested in Language
      • Native Language:
      • English
      • Home Country:
      • United States
      • Current Location:
      • United States
    Join Date
    Mar 2009
    Posts
    32
    Post Thanks / Like

    Default Re: Cannot be or be caused to be prevented ? Pls help!

    Quote Originally Posted by Tom W. View Post
    Thank you so much Philpet! Thank you for your detailed and professional explanations, it helps very much.

    So, can I try to paraphrase the sentence in question like this ? - such disruption, despite the exercise of reasonable diligence by SELLER,

    1)cannot be prevented ...by SELLER
    2)cannot be caused to be prevented, ...by SELLER

    And 2) means: The results from whatever the SELLER does, can not lead to a prevention of such disruption from happening? Therefore the SELLER was disabled in preventing ...?

    A similar example sentence from a dictionary: "the man of his selection will be caused to come near him." - Can I understand as that "be caused to do" means a result (action) from a previous action ?

    Thank you very much!
    To the first question: Yes, but remember in the legal phrasing, all parts of the sentence must be included to cover all possibilities.
    To the second question: Yes, I believe you have a good understanding of the phrase.

  6. #6
    Join Date
    Feb 2009
    Posts
    21
    Post Thanks / Like

    Default Re: Cannot be or be caused to be prevented ? Pls help!

    Quote Originally Posted by konungursvia View Post
    And I think the legal language is abridged or telegraphed as well, making an omission: cannot be prevented or cause to be prevented... is more complete I think.
    Yes, agree with you. But it's just a bit more difficult to a non-English native people when double passive voices (be caused to be prevented) were used here.

    Thank you very much!

Similar Threads

  1. "causing" and "and caused"
    By IMPSX-UE in forum Ask a Teacher
    Replies: 4
    Last Post: 08-Feb-2009, 07:47
  2. Help me with this essay about problems caused by teachnology and science
    By linhtho0211 in forum Editing & Writing Topics
    Replies: 0
    Last Post: 07-Jan-2009, 15:12
  3. prevented vs had prevented
    By jose rocha in forum Ask a Teacher
    Replies: 2
    Last Post: 17-Oct-2006, 21:47
  4. money caused the problem?
    By bosunyum in forum Ask a Teacher
    Replies: 1
    Last Post: 23-Jul-2006, 10:36
  5. It is prevented that..."
    By manky in forum Ask a Teacher
    Replies: 1
    Last Post: 19-Dec-2005, 15:23

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •