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    • Join Date: Jul 2008
    • Posts: 23
    #1

    What does this "latter" stand for

    Hi
    Here is some sentences from the clauses of a contract.

    The supplier protects the purchaser against any legal proceedings or claims that may occur relating to trade I$ G6 D6 A3 y5 \% t3 j$ @6 a @: Y mark, design, model, copyright or patent on behalf of third party. It also guarantees against the consequences+ `1 A5 E6 d7 X
    of any proceedings from third parties for unfair competitions, from the moment that this unfair competition would be attributable to the supplier himself to the attitude of the latter or would result from the characteristics
    of the products that he would have sold to the buyer.
    5 Z3 \6 \2 k' O0 g) f

    please study the word "latter" marked in red color.
    I'm a sales assistant in international trade although my English is poor , thus I 'm sure the latter means the very "3rd party" mentioned in the 1st sentence because of my experience in trade. But I must give a confirmed explanation in grammar to my member in our forum. [whether my judgment is right ]
    The structure of these sentences are so difficult for me.


    THANKS VERY MUCH

    By Kevin
    ; p/ {5 V7 W ]( O2 O8 f2 G; Q7 ~ d


    • Join Date: Jul 2008
    • Posts: 23
    #2

    Re: What does this "latter" stand for

    These sentences are from an Exclusive Sales Agreement.


    • Join Date: Nov 2007
    • Posts: 5,409
    #3

    Re: What does this "latter" stand for

    Caveat.
    If you are typing this exactly as it appears in the Agreement, be warned: the writer was not a native speaker (even if he was a lawyer). You are confused because any native speaker would be confused; and you are dealing with a legal document!

    I take it that 'latter' is actually meant to refer to 'supplier'.

    from the moment that this unfair competition would be attributable to the supplier himself, OR to the attitude of the latter(= most recently mentioned = supplier)
    or would result from the characteristics of the products that he(=supplier) would have sold to the buyer.


    • Join Date: Jul 2008
    • Posts: 23
    #4

    Re: What does this "latter" stand for

    Quote Originally Posted by David L. View Post
    Caveat.
    If you are typing this exactly as it appears in the Agreement, be warned: the writer was not a native speaker (even if he was a lawyer). You are confused because any native speaker would be confused; and you are dealing with a legal document!

    I take it that 'latter' is actually meant to refer to 'supplier'.

    from the moment that this unfair competition would be attributable to the supplier himself, OR to the attitude of the latter(= most recently mentioned = supplier)
    or would result from the characteristics of the products that he(=supplier) would have sold to the buyer.

    THANK YOU VERY MUCH.

    I think I'd better ask the person who start this thread to offer more information & background of this document and ask her to make sure there is no type error.

    If there is any news updated , I'll be back and ask for further help.

    TKS
    Kevin

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    • Join Date: Jun 2006
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    #5

    Re: What does this "latter" stand for

    from the moment that this unfair competition would be attributable to the supplier himself, OR to the attitude of the latter(= most recently mentioned = supplier)
    or would result from the characteristics of the products that he(=supplier) would have sold to the buyer.
    supplier himself, OR to the attitude of the latter

    If 'latter' is meant to refer to the supplier, I don't understand why it wasn't written as 'his attitude' since he is the only one mentioned in the sentence.
    Latter is normally used in relation to 'the former'. 'Former' comes first, 'latter' second.


    • Join Date: Nov 2007
    • Posts: 5,409
    #6

    Re: What does this "latter" stand for

    why wasn't written as 'his attitude' since he is the only one mentioned in the sentence.

    Because it's written in legalese.

    Latter is normally used in relation to 'the former'. 'Former' comes first, 'latter' second. since he is the only one mentioned in the sentence.
    Latter is normally used in relation to 'the former'. 'Former' comes first, 'latter' second.


    Caveat.
    the writer was not a native speaker (even if he was a lawyer).

    The 'latter' reference,above
    and

    on behalf of third party.

    for unfair competitions,

    from the moment that - correct grammar but suddenly, NOT legalese or even an attempt to render this in legal terms; so a non-native speaker trying to write in English legalese who makes an error, in the use of non-technical wording.


    • Join Date: Jul 2008
    • Posts: 23
    #7

    Re: What does this "latter" stand for

    HI My friends

    I just get another opinion on this case.

    If we neglect the grammar and the usage of the word "latter" , I think the "latter" may stand for the supplier logically.

    Suppose the latter stand for the 3rd party and the 3'rd party's attitude HAS lead to a harm to the purchaser . In that case, the behavior of 3rd party may has nothing to do with the supplier while this is an agreement between the supplier and the purchaser . As a result , there is no need to stress this obligation of the supplier.

    In fact , there are two ways may cause bad legal consequences.
    One is the bad performance by the supplier , such as they use the same or similar design which belongs to the 3rd party .

    The other way is the non-performance (There should be an action but it give up the right ), such as the 3rd party use the same or similar design which belongs to the supplier but the supplier does not care it and it cause harm to the purchaser.

    In fact , the 2nd way is hard to explain than the 1st way:
    Why the supplier give up his right?

    For example , company A is the supplier of company B while the company C is the supplier of company D.
    Company A and company C are in one country while C & D are in another country.

    Now A and B have signed a Exclusive Sales Agreement. If the C use a same or similar design which belongs to A and sell C's products to D . Then C's products will bring bad effect to B.
    However, the boss of A may give up the right or show his passive attitude towards C because it is an international transaction and the potential consequences is not so obvious . The lack of marketing capability of B will also cause reducing of sales.
    The boss of supplier A may think that even if he devote himself to negotiation with the 3rd party by spending a lot of money and time, his salesroom will not increase too much because the supply to the purchaser B has use up all the production capacity of his workshop.

    I know it sounds strange but it often happens on some SMALL suppliers (factory) coz they dislike the troubles and the costs.

    That is the background on why I think the "latter" should be supplier.
    because the supplier's non-performance attitude towards the 3rd party will cause potential harm to the purchaser


    Anyway, I hope all of the teachers and friend can help me to
    analyze it and give me a final result.




    • Join Date: Nov 2007
    • Posts: 5,409
    #8

    Re: What does this "latter" stand for

    coz

    One step up from baby talk. The kind of word to come out of the mouth of some 7 year old "tousled-haired, baseball-cap wearing, scrumptiously adorable but a real scamp heh heh' American kid called Skip in some short-lived 50's TV family sit com. And used by adults who don't know better, or whose vocabulary and verbal skills haven't developed much beyond that level.

    So - we read impressive English such as, 'The lack of marketing capability of' - then 'coz' !
    Last edited by David L.; 27-Jul-2008 at 10:38.


    • Join Date: Jul 2008
    • Posts: 23
    #9

    Talking Re: What does this "latter" stand for

    Quote Originally Posted by David L. View Post
    coz

    One step up from baby talk. The kind of word to come out of the mouth of some 7 year old "tousled-haired, baseball-cap wearing, scrumptiously adorable but a real scamp heh heh' American kid called Skip in some short-lived 50's TV family sit com. And used by adults who don't know better, or whose vocabulary and verbal skills haven't developed much beyond that level.

    So - we read impressive English such as, 'The lack of marketing capability of' - then 'coz' !
    I'm sorry that I am not able to catch your meaning.
    Would you please give me more instructions ?

    Anyway, I've ask my members to give up this topic on the meaning of "latter" because I cannot see any significance from these sentences with verbiages.

    They pay attention to the words in clause needlessly while I think they should offer a clause in Chinese version and ask a translation service company for the following works.

    As a trader , they should pay focus on the trade itself such as learn more expressions on the products, specifications , shipping, payment and the communication skills.

    The paragraph we're just talking about is really a bad one in grammar .

    Anyway, I really appreciate all the helps from my new friends & teachers in this forum.


    • Join Date: Nov 2007
    • Posts: 5,409
    #10

    Re: What does this "latter" stand for

    Don't ever say or write 'coz' !

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