第十届“华政杯”全国法律翻译大赛
“华政杯”全国法律翻译大赛组委会
2019年4月15日
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我承诺,本译文系由本人(姓名)独立完成,无抄袭现象。本人同意主办方将我的参赛译文作为教学材料使用。
年 月 日
第十届“华政杯”全国法律翻译大赛初赛试题
试题一:
One of
the biggest mistakes I made early on as an entrepreneur was hiring cheap lawyers
or not using an expensive lawyer nearly enough, thinking I was saving money for
my business. But over the years, the school of hard knocks taught me just how
expensive cheap legal help can be.
I don’t recall ever meeting anyone who actually enjoys writing a check to an attorney. Frankly I can’t recall meeting many people who enjoy lawyers at all – not the individuals themselves, but the idea of having to have a lawyer in the first place. Heaven would be a world where the need for lawyers didn’t even exist – where everyone could be trusted to uphold their word, where no one would ever have misunderstood expectations in their agreements, and where a simple conversation could settle any dispute that arose. But we aren’t in heaven – not yet anyway – and we certainly aren’t living in a perfect world, so the cold hard truth is that when push comes to shove, you better be hoping to heaven you have a great lawyer there to have your back.
Let’s start with the importance of a contract. When I first started a business I was embarrassed to even mention the word contract. I thought that by even suggesting it I would morally offend the other party, causing them to believe I didn’t trust them. I wanted to be the person that took people at their word and believed that everyone had good intentions. Asking for a contract, in my mind, went totally against that. It wasn’t until one day I had a call with my father, who happened to be a former FBI agent, that I first understood why my thinking had been incorrect
When I shared with him my embarrassment about asking for contracts, he simply stated that the contract wasn’t to say “I don’t trust you.” Rather, the contract was there to make sure that I had laid out in writing exactly what my expectations and understanding of our agreement was, and so that the other person could review those and make sure that they expected and understood the exact same terms that I did. Putting it in writing, he explained, was about entering into a relationship with open and honest expectations from both sides up front, so that everyone was clear from the get-go on what they understood.
His explanation was like a light bulb going off in my head. No longer did it seem like an offense to do a clear contract with someone. Instead, it was a service to one another to ensure that the relationship would produce a result that both parties could be happy with. From that point forward I became a huge advocate on the importance of having a contract that was very clear and detailed, that laid out every expectation, leaving no room for interpretation or misunderstanding, not out of a lack of trust, but out of a value and respect for the relationship with the other party.(502 words)
(Source:https://www.forbes.com/sites/amyanderson/2013/06/04/nothing-is-more-expensive-than-a-cheap-lawyer/#76a0bd7e7d10)
试题二:
The later case of Zurich Insurance v Hayward [2017] A.C. 142 was the main case relied on by the judge. Insurers had settled a personal injury case despite doubts about the claimant’s injuries. They later discovered that the claimant had fully recovered a year before the settlement had been reached and brought an action in deceit claiming that he had fraudulently misrepresented the extent of his injuries. The Court of Appeal held that the insurers had not relied on the representation in reaching the settlement agreement because they had always had their suspicions about the claim. The Supreme Court allowed the insurers’ appeal holding that the fact that the insurers had not wholly believed the claimant did not preclude them from having been induced to reach the settlement by the claimant’s misrepresentation; they only had to prove that the misrepresentation had been “a material cause” of their reaching the settlement. Since the judge had held that it was a material cause, his order in their favour would be restored.
The question to be resolved was whether a representee had to show he believed the representation to which the Supreme Court returned a negative answer and, in one sense, the case is no more than an example of the principle set out in Edgington v Fitzmaurice that the representee only has to show that the representation was “a cause” of his entering the relevant contract. Indeed, Lord Clarke of Stone-cum-Ebony (with whom Lord Neuberger PSC, Baroness Hale DPSC and Lord Reed JSC agreed) cited Barton v Armstrong for that very proposition. More importantly, for the present purpose, Lord Clarke relied on the existence of the presumption of inducement and agreed with the insurers’ submission that the presumption would have little value if the representee had to show that he believed the misrepresentation. He cited the relevant paragraph of Chitty (now para 7-041 of the 33rd edition) to the effect that it was a fair inference of fact though not of law that the representee will have been influenced by the representation: “and the inference is particularly strong where the misrepresentation was fraudulent.”(351 words)
(Source: Bv Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc. [2019] EWCA Civ 596)
(两道题目均为参赛试题,并非选做,且以此版发布为准。)
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(一)初赛
初赛采取开卷方式,共两道试题,均需翻译(每道试题字数后的参考来源不用翻译)。译文文责自负,选手务必独立完成,杜绝抄袭现象,一经发现,将取消参赛资格。初赛试题见下文,参赛选手根据试题要求答题,并于2019年6月16日(含)前将试题译文及《初赛选手信息表》(见下文)发送到ecuplds@163.com(只接收电子信箱投稿)。
译文应为WORD电子文档,中文宋体、英文Times New Roman字体,全文小四号字,1.5倍行距,文档命名格式为“XXX大学/单位(学校名或单位名)+选手姓名”,同时发送填写完整的《初赛选手信息表》,文档命名格式为“XXX(姓名)大赛报名表”。
译文正文内不要出现译者任何个人信息,否则将被视为无效译文。收到参赛译文后,邮箱自动回复确认邮件,没有收到回复的选手请再次发送答案,直至收到回复。收到回复的,请勿重复发送答案。
(二)决赛
初赛成绩排名前50名的参赛选手可进入决赛。请关注“华政杯”全国法律翻译大赛网站(http://hzb.ecupl.edu.cn)、华东政法大学外语学院官方网站(http://www.wyxy.ecupl.edu.cn)公布的入围名单。组委会将向进入决赛选手的电子信箱和手机分别发送入围通知。初赛及决赛参赛者均无需缴纳任何报名费用,入围考生参加决赛的交通费及食宿费等自理。
决赛地点设在华东政法大学长宁校区(上海市长宁区万航渡路1575号)。入围决赛选手凭身份证和学生证入场,统一参加考试。决赛以纯闭卷形式进行。
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