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Numa hipótese dessa ordem

English translation: In such a case/situation....

20:24 Aug 20, 2003
Portuguese to English translations [PRO]
Law/Patents
Portuguese term or phrase: Numa hipótese dessa ordem
I don't understand this passage. First they say it should be possible to force the individual to perform the contract and then they say the solution compatible with the constitution is to make him pay damages:

Mas a sanção a ser aplicada terá de ser proporcionada à lesão e orientada a restringir o efeito danoso da conduta do infrator.
Por isso, tem de admitir-se a possibilidade de o particular ser constrangido a executar a prestação contratual, ainda depois da verificação de seu inadimplemento culposo, se essa for a solução mais satisfatória e adequada a preservar o interesse público.
Numa hipótese dessa ordem, a solução compatível com a Constituição será impor ao particular o dever de indenizar as perdas e danos e assim como arcar com sanções pecuniárias, destinadas a punir a conduta reprovável praticada.

This is what I have so far:
But the punishment to be applied must be proportional to the harm and designed to limit the harmful effects of the violating party’s conduct.
Thus, it must be possible to constrain the individual to perform the contractual service even after he has been found guilty of culpable nonperformance, if that is the most satisfactory and suitable solution for the preservation of the public interest.
???, the solution compatible with the Constitution would be to order the individual to pay damages and thus bear monetary sanctions in order to punish the reprehensible conduct.
William Stein
Costa Rica
Local time: 10:18
English translation:In such a case/situation....
Explanation:
From your question, you seem to be more concerned with the seeming contradiction here.

Just a guess, but could it be in fact contrasting the two possible courses of action detailed in the final two paragraphs?: i.e. saying that there is the possibility of the guilty party being forced to comply with the contract OR being required to make financial redress (as per the Constitution). Presumably this money then being used to pay for someone more competent to carry the job out!

This is a bit of a guess, William, contracts make my head spin!

best of luck
Selected response from:

Lucy Phillips
United Kingdom
Local time: 17:18
Grading comment
Thanks a lot, especially to Lucy and Silvia, who made such an effort to explain this difficult text.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2In such case, ... (or, in such a hypothesis ...)
rhandler
5 +1Should that be the case,
Lumen (X)
4considering said nonconformity
Silvia Borges
2In such a case/situation....
Lucy Phillips


  

Answers


4 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
In such case, ... (or, in such a hypothesis ...)


Explanation:
Literally, it would be "In a hypothesis of such order", sentence that is not used in English. I suggest you translate freely, keeping the meaning.

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Note added at 2003-08-20 20:30:23 (GMT)
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Some examples for the second option:

Letter to Dr. Peter Seland
... Of course, if you see some merit in such a hypothesis and agree that it is plausible, perhaps we could discuss potential research initiatives and how the MS ...
www.direct-ms.org/seland.html - 15k - Em cache - Páginas Semelhantes

Creationism: Flood Critics
... flood? This article examines a few of the physical difficulties inherent in such a hypothesis. Volcanic Ash-Fall Deposit? Creationists ...
atheism.about.com/cs/floodcritics/

What has happened to a biopsychological approach in psychiatry -
... that \'a disease hypothesis seems as justified as any other formulation\' (p. 9). They also acknowledge the potential for overgeneralization in such a hypothesis ...
www.critpsynet.freeuk.com/Meyermyth.htm


rhandler
Local time: 13:18
Native speaker of: Portuguese
PRO pts in pair: 7949

Peer comments on this answer (and responses from the answerer)
agree  António Ribeiro: In such case
27 mins
  -> Obrigado, António
agree  Neil Bailey: definitely
15 hrs
  -> Thank you, nantwich.
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
Should that be the case,


Explanation:
Another option

Lumen (X)
Brazil
Local time: 13:18
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 395

Peer comments on this answer (and responses from the answerer)
agree  Daniel Freire: Parece mais elegante
3 hrs
Login to enter a peer comment (or grade)

10 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
In such a case/situation....


Explanation:
From your question, you seem to be more concerned with the seeming contradiction here.

Just a guess, but could it be in fact contrasting the two possible courses of action detailed in the final two paragraphs?: i.e. saying that there is the possibility of the guilty party being forced to comply with the contract OR being required to make financial redress (as per the Constitution). Presumably this money then being used to pay for someone more competent to carry the job out!

This is a bit of a guess, William, contracts make my head spin!

best of luck

Lucy Phillips
United Kingdom
Local time: 17:18
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 85
Grading comment
Thanks a lot, especially to Lucy and Silvia, who made such an effort to explain this difficult text.
Login to enter a peer comment (or grade)

1 day 18 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
considering said nonconformity


Explanation:
Going back to your translation so far, see if these changes can enlighten your understanding and maybe you could change it the way you want it to be.

(your version, with very few changes)
"This is what I have so far:

But the punishment to be applied must be proportional to the harm and designed to limit the harmful effects of the violating party’s conduct.

Therefore, it may perhaps be possible to constrain the individual to perform the contractual service even after he has been found guilty of culpable nonperformance, if that is the most satisfactory and suitable solution for the preservation of the public interest.

Considering said (go back to your first paragraph for this sentence to make sense) nonconformity, the solution compatible with the Constitution would be to order the individual to pay damages and thus bear monetary sanctions in order to punish the reprehensible conduct."

(They are speculating that they could ask the indivual to continue with his contractual obligations, if it is in the best public interests, but at the same time or more importantly ... he would be liable to pay damages and so forth...

IMHO!

Silvia Borges
United States
Local time: 12:18
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 72
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