English question

Example (1) is a translation of the Japanese Civil Code from 1896. In the example, why is the plural of ‘obligation’ used?

(1) Article 541 If one of the parties does not perform that party's obligation, and the other party demands performance of that obligation, specifying a reasonable period of time, but no performance is completed during that period, the other party may cancel the contract; provided, however, that this does not apply if the non-performance of the obligations upon the passage of the period is minor in light of the contract and the common sense in the transaction.

Any insight you might have would be very much appreciated. Thanks.

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Richard65 · M

Though the use of singular and plural in the same agreement is acceptable, it's likely just a simple error, either in translation or in the original text.

Many (often larger) agreements contain phrases that address the interpretation of the agreement. One of those phrases says that where the agreement is stated in the singular, the obligations should include the plural (and vice versa). Even though an agreement should be interpreted as a normal and reasonable person would read it, some drafters believe that a normal and reasonable person could say (after reading a contract provision that talks about one person required to do or omit something) that the contract provision does not apply to cases where two or more persons would omit or do what is written in it.

This can be confusing, but the use of the plural (obligations) can be used in case TWO contracted persons fail to carry out their separate obligation. Each separate obligation amounts to two combined (plural) obligations.

Hidenori · 46-50, M

@Richard65 Thanks. You have been helpful.😀

ArishMell · 70-79, M

It is probably only a simple mistake.

Though whether a barrister in a court of law might pick up on it and savage the failed party's representative over previously-unidentified "obligations", in cross-examination, is another matter!

Hidenori · 46-50, M

@ArishMell That is what I had originally thought. Thanks. You have been helpful.😀

Fertilization · 36-40, F

Maybe it is referring to certain duties here to to show the importance of party’s performance.

Hidenori · 46-50, M

@Fertilization That's possible. Thanks.

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