Court Translation, Legal Translation Services and Contract Law
We've blogged about court translations and legal translations in the context of cross-border contract law. According to one of the basic laws of contracts, "the formation of a contract requires... a manifestation of mutual assent to the exchange." When determining whether this requirement has been met, courts use an objective theory. However, as contracts now span international borders and incorporate various languages, the validity of the objective theory is being challenged.
Take, for example, an individual who signs a contract that is in a language they do not understand and for which no foreign language translation is provided. In such a situation, under the objective theory, a party will be bound to the contract's terms when the other party can reasonably regard the signing party's outward manifestations as an assent to the terms.
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