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Term, period, deadline?

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Fiance - 12 Nov 2006 16:26 GMT
For some time already I'm trying to identify the word in English that
would correctly express the idea of the "*period of a contract".

Imagine such a clause of a contract:

"The X of the contract is 2 years".

I need ONE NOUN instead of "X" that would correctly express the
following idea:

"The contract will be deemed as terminated automatically in 2 years.
Its *period is 2 years. If the parties do not extend the *period, the
contract is deemed as terminated in 2 years after the signature."

In numerous English contracts the wording somehow circumvents the
"problem" without using the noun. For instance, it is stipulated that
"the contract shall end in 2 years" etc.

But what would the noun be? "Period", "deadline", "term" - all seem
wrong here.

Same with adjectives. If there is no *period of the contract, what
would be the ONE ADJECTIVE to describe the contract? I've seen the
phrase "OPEN-ENDED contract". Is it correct/native/grammatical?

What about the antonym of the adjective? "A contract of limited
period"? Very awkward, possibly ungrammatical. What about ONE ADJECTIVE?
HVS - 12 Nov 2006 16:32 GMT
On 12 Nov 2006, Fiance wrote

> For some time already I'm trying to identify the word in English
> that would correctly express the idea of the "*period of a
[quoted text clipped - 3 lines]
>
> "The X of the contract is 2 years".

-snip-

> But what would the noun be? "Period", "deadline", "term" - all
> seem wrong here.

Why does "term" seem wrong to you?

It's the one I'd automatically expect to see.

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Cheers, Harvey

Canadian and British English, indiscriminately mixed
For e-mail, change harvey.news to harvey.van

Millicent Tendency - 12 Nov 2006 16:43 GMT
>On 12 Nov 2006, Fiance wrote
>
[quoted text clipped - 14 lines]
>
>It's the one I'd automatically expect to see.

Agreed, although "duration" is also used quite a lot  for the period
of time during which a contract is valid (4:1 Richoux ratio for UK
sites).

Signature

Millicent Tendency
(TEFKATHE)

Robert Lieblich - 12 Nov 2006 16:49 GMT
> For some time already I'm trying to identify the word in English that
> would correctly express the idea of the "*period of a contract".
>
> Imagine such a clause of a contract:
>
> "The X of the contract is 2 years".

> I need ONE NOUN instead of "X" that would correctly express the
> following idea:
>
> "The contract will be deemed as terminated automatically in 2 years.
> Its *period is 2 years. If the parties do not extend the *period, the
> contract is deemed as terminated in 2 years after the signature."

I think I can get you there if you're willing to accept a short phrase
and a bit of rewriting.  Try something like this: "The period of
performance of this contract will expire two years after the effective
date unless the parties agree in writing, before the end of the period
of performance, to extend the period of performance."

I use "period of performance" (and avoid "terminate" and
"termination") because the legal consequences of a contract can
outlast the period of performance.  Let's say a company hires an
employee for two years, using a contract of empoloyment that
specifically states that the employee will work for the company for
two years and no longer.  Two years later, the employment relationship
ends.  But the contract may also specify that the employee will not go
to work for any other company in the same line of business for a year
after his employment ends.  The effect of the contract extends beyond
the period of performance.

> In numerous English contracts the wording somehow circumvents the
> "problem" without using the noun.

And there's a good reason for that.

> For instance, it is stipulated that
> "the contract shall end in 2 years" etc.

Yuk.  Contracts don't "end."  Performance ends.  Contracts can live on
for years.  Suppose the contract is for construction of a building.
It may specify a period of one year for the construction, but it may
also specify a warranty of twenty years on some parts of the
building.  When does the contract "end"? (You may know, but I don't.)

> But what would the noun be? "Period", "deadline", "term" - all seem
> wrong here.

They are.  You're coming at this from the wrong angle.

> Same with adjectives. If there is no *period of the contract, what
> would be the ONE ADJECTIVE to describe the contract? I've seen the
> phrase "OPEN-ENDED contract". Is it correct/native/grammatical?

The law will not allow a contract to last forever (although there were
999-year leases in medieval times; most were terminated long ago by
statute or judicial decision).  But a contract can be effectively
open-ended.  I don't recognize the term as legal jargon, but I think
the meaning is obvious.  I wouldn't use it in writing a contract,
however.  Contracts should be as precise as possible.  Specific dates
are best: "The period of performance of this contract will commence on
the effective date and expire on 31 December 2008."  "Effective date"
should be separately specified elsewhere in the contract.

> What about the antonym of the adjective? "A contract of limited
> period"? Very awkward, possibly ungrammatical. What about ONE ADJECTIVE?

There's more to life than boiling things down to ONE WORD.  Omit
needless words -- yes, of course.  But don't eliminate the ones you
need.

I hasten to add, since it's no secret that I am a lawyer, that I am
not offering legal advice here.  I'm commenting generally on how the
American English language is used in the drafting of contracts.  I
wouldn't want anyone to mistake a few casual remarks for a
well-considered legal opinion.

Signature

Bob Lieblich
Well, consider

HVS - 12 Nov 2006 17:20 GMT
On 12 Nov 2006, Robert Lieblich wrote

> The law will not allow a contract to last forever (although
> there were 999-year leases in medieval times; most were
> terminated long ago by statute or judicial decision).

999-year leases were still being made in England in the 19th century
-- Burlington House was leased from the Crown this way in the 1850s
or 1860s.

I don't know if they were terminated by the Property Acts of the
1920s, but I didn't think they were.

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Cheers, Harvey

Canadian and British English, indiscriminately mixed
For e-mail, change harvey.news to harvey.van

Nick Atty - 12 Nov 2006 17:33 GMT
>On 12 Nov 2006, Robert Lieblich wrote
>
[quoted text clipped - 8 lines]
>I don't know if they were terminated by the Property Acts of the
>1920s, but I didn't think they were.

I'm pretty sure that my parent's leasehold property, built in the 1930s,
is on a 999 year lease (with, of course, something over 900 years
remaining).  
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My Reply-To address *is* valid, though likely to die soon

Jonathan Morton - 12 Nov 2006 20:07 GMT
>> On 12 Nov 2006, Robert Lieblich wrote
>>
[quoted text clipped - 11 lines]
> is on a 999 year lease (with, of course, something over 900 years
> remaining).  

999-year leases are alive and well and living in England. I have created
several this year. Their main use is in the selling of flats (for
technical reasons the enforcement of obligations is easier in leases, a
fact which makes freehold flats unsatisfactory in practice), but they
are also used in the sale of other property, sometimes for tax reasons.

Regards

Jonathan
Peter Duncanson - 12 Nov 2006 20:31 GMT
>>> On 12 Nov 2006, Robert Lieblich wrote
>>>
[quoted text clipped - 17 lines]
>fact which makes freehold flats unsatisfactory in practice), but they
>are also used in the sale of other property, sometimes for tax reasons.

I own my house here in Northern Ireland, but the land on which it
stands is on 999-year lease which requires the payment of a nominal
annual Ground Rent (GBP50).

I was told by someone that the point of the period of 999 years is
that if someone occupies property for 1000 years it becomes theirs
outright (under some very ancient law).

Signature

Peter Duncanson, UK
(in alt.usage.english)

Jonathan Morton - 12 Nov 2006 20:46 GMT
> I own my house here in Northern Ireland, but the land on which it
> stands is on 999-year lease which requires the payment of a nominal
[quoted text clipped - 3 lines]
> that if someone occupies property for 1000 years it becomes theirs
> outright (under some very ancient law).

That's not correct, Peter - at least not in England, and I don't think
NI law is different in this respect. Leases can be validly created for
any length of time, provided that it is fixed. Leases of 2000 or even
3000 years were common in relatively recent times (i.e. after the
reforms of 1925) for mortgage purposes. These terms were fictional in
practice, but nevertheless valid.

Regards

Jonathan
Peter Duncanson - 13 Nov 2006 00:22 GMT
>> I own my house here in Northern Ireland, but the land on which it
>> stands is on 999-year lease which requires the payment of a nominal
[quoted text clipped - 10 lines]
>reforms of 1925) for mortgage purposes. These terms were fictional in
>practice, but nevertheless valid.

It seems then that the "explanation" for 999 years might well be
analogous to a folk etymology.

Signature

Peter Duncanson, UK
(in alt.usage.english)

Peter Moylan - 13 Nov 2006 12:59 GMT
> I was told by someone that the point of the period of 999 years is
> that if someone occupies property for 1000 years it becomes theirs
> outright (under some very ancient law).

Does "occupy" include being buried on the property?

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Peter Moylan                             http://www.pmoylan.org

Please note the changed e-mail and web addresses.  The domain
eepjm.newcastle.edu.au no longer exists, and I can no longer
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address could disappear at any time.

Bob Cunningham - 13 Nov 2006 14:09 GMT
> > I was told by someone that the point of the period of 999 years is
> > that if someone occupies property for 1000 years it becomes theirs
> > outright (under some very ancient law).

> Does "occupy" include being buried on the property?

Or, corollariously, can a ghost own property?
dontbother - 13 Nov 2006 14:36 GMT
> Peter Moylan <peter@ozebelgDieSpammers.org> said:
>
[quoted text clipped - 5 lines]
>
> Or, corollariously, can a ghost own property?

Spooks (MW11 say they're ghosts as well as spies) can own property,
so ghosts obviously do.

Signature

Franke: EFL teacher & medical editor
Native speaker of American English; posting from Taiwan.
Unmunged email: /at/easypeasy.com
"Impatience is the mother of misery."

Random832 - 13 Nov 2006 20:14 GMT
2006-11-12 <ae0fl216ldnuk2rt1h5l8nihcvsft8s0s0@4ax.com>,

>>>> On 12 Nov 2006, Robert Lieblich wrote
>>>>
[quoted text clipped - 25 lines]
> that if someone occupies property for 1000 years it becomes theirs
> outright (under some very ancient law).

Has there even been any system of (civil, not religious) law in
continuous operation anywhere for the last 1000 years?
Nick Spalding - 13 Nov 2006 21:48 GMT
Random832 wrote, in <slrnelhkhj.919.random@rlaptop.random.yi.org>
on 13 Nov 2006 20:14:45 GMT:

> Has there even been any system of (civil, not religious) law in
> continuous operation anywhere for the last 1000 years?

English Common Law.  From Wikipedia:

common law
n. the traditional unwritten law of England, based on custom and usage,
which began to develop over a thousand years before the founding of the
United States. The best of the pre-Saxon compendiums of the common law was
reportedly written by a woman, Queen Martia, wife of a king of a small
English kingdom. Together with a book on the "law of the monarchy" by a
Duke of Cornwall, Queen Martia's work was translated into the emerging
English language by King Alfred (849-899 A.D.). When William the Conqueror
invaded England in 1066, he combined the best of this Anglo-Saxon law with
Norman law, which resulted in the English common law, much of which was by
custom and precedent rather than by written code. By the 14th century
legal decisions and commentaries on the common law began providing
precedents for the courts and lawyers to follow. It did not include the
so-called law of equity (chancery), which came from the royal power to
order or prohibit specific acts. The common law became the basic law of
most states due to the Commentaries on the Laws of England, completed by
Sir William Blackstone in 1769, which became every American lawyer's
bible. Today almost all common law has been enacted into statutes with
modern variations by all the states except Louisiana, which is still
influenced by the Napoleonic Code. In some states the principles of Common
Law are so basic they are applied without reference to statute.
Signature

Nick Spalding

Sara Lorimer - 14 Nov 2006 03:01 GMT
> I own my house here in Northern Ireland, but the land on which it
> stands is on 999-year lease which requires the payment of a nominal
> annual Ground Rent (GBP50).

Who owns the land, technically?

Signature

SML

Peter Duncanson - 14 Nov 2006 15:24 GMT
>> I own my house here in Northern Ireland, but the land on which it
>> stands is on 999-year lease which requires the payment of a nominal
>> annual Ground Rent (GBP50).
>
>Who owns the land, technically?

When I first moved into the house the land was leased from someone
named Hugh Walker who was the owner in fee-simple (freehold). As
that was 33 years ago it is possible that the land now belongs to
someone else (by inheritance or sale).

The land was originally registered in 1897. The oldest document I
have in the Title Deeds is a Land Certificate dated 1902. A later
addendum to this certificate shows that four parts of the land were
transferred to new owners, one of whom was Hugh Walker in 1968. The
"considerations" (i.e. payments) for the transfers of ownership were
GBP3000, GBP450, and the other two were for "natural love and
affection".

The ground rent is collected by a firm of estate agents. I receive
an invoice every six months and pay by cheque made out to the firm
rather than to the owner, which is why I don't know the name of the
owner.

The days on which the rent is due are known as Gale Days:
http://dictionary.reference.com/search?q=Gale+day&r=66

   Gale day    
   Gale \Gale\, n. [Cf. Gabel.]
       The payment of a rent or annuity. [Eng.] --Mozley & W.    
   Gale day, the day on which rent or interest is due.

http://dictionary.reference.com/search?q=gabel
   gabel
       \Ga"bel\, n. [F. gabelle, LL. gabella, gabulum, gablum; of
       uncertain origin. Cf.Gavel tribute.] (O. Eng. Law) A rent,
       service, tribute, custom, tax, impost, or duty; an excise.
       --Burrill.
   
   He enables St. Peter to pay his gabel by the ministry of a fish.
    --Jer. Taylor.
   Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA,
   Inc.

I think that technically the ultimate owner is the Crown, as in the
rest of the UK. This is of no practical consequence.

Signature

Peter Duncanson, UK
(in alt.usage.english)

Skitt - 14 Nov 2006 17:51 GMT
>> I own my house here in Northern Ireland, but the land on which it
>> stands is on 999-year lease which requires the payment of a nominal
>> annual Ground Rent (GBP50).
>
> Who owns the land, technically?

There are many houses in Washington state that are built on Indian
Reservation grounds and owned by non-Indians.  The house owners possess the
lots on a 99-year lease.  I have no idea whether there are any rent payments
to be paid, but I don't think so.
Signature

Skitt (in Hayward, California)
http://www.geocities.com/opus731/

the Omrud - 12 Nov 2006 21:10 GMT
Jonathan Morton <jonathan@jonathanmortonbutignorethisbit.co.uk> had
it:

> >> On 12 Nov 2006, Robert Lieblich wrote
> >>
[quoted text clipped - 17 lines]
> fact which makes freehold flats unsatisfactory in practice), but they
> are also used in the sale of other property, sometimes for tax reasons.

Is there any point to creating such leases now that leaseholders have
the right to buy their freehold?

Signature

David
=====

Jonathan Morton - 13 Nov 2006 19:48 GMT
> Jonathan Morton <jonathan@jonathanmortonbutignorethisbit.co.uk> had
> it:
[quoted text clipped - 6 lines]
> Is there any point to creating such leases now that leaseholders have
> the right to buy their freehold?

Yes, but I would have to kill you if I told you what the point was.

Regards

Jonathan
Garrett Wollman - 12 Nov 2006 21:53 GMT
>999-year leases are alive and well and living in England. I have created
>several this year. Their main use is in the selling of flats (for
>technical reasons the enforcement of obligations is easier in leases, a
>fact which makes freehold flats unsatisfactory in practice), but they
>are also used in the sale of other property, sometimes for tax reasons.

Here we would do that with a condominium.  I own the interior surface
of all the interior walls of my unit, plus a 0.9756% interest in the
trust which owns everything else, subject to a master deed and the
trust's declaration and bylaws.  I have no idea what happens when the
trust expires, as it inevitably must.  (In our case it's something
like the death of the last living immediate child of the trust
grantor; I'd have to look up in the documents to make absolutely
certain.)

-GAWollman

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Garrett A. Wollman   | The real tragedy of human existence is not that we are
wollman@csail.mit.edu| nasty by nature, but that a cruel structural asymmetry
Opinions not those   | grants to rare events of meanness such power to shape
of MIT or CSAIL.     | our history. - S.J. Gould, Ten Thousand Acts of Kindness

Peter Moylan - 13 Nov 2006 13:01 GMT
> Here we would do that with a condominium.  I own the interior surface
>  of all the interior walls of my unit, plus a 0.9756% interest in the
>  trust which owns everything else, [...]

Only the interior surface? Does that extra 0.9756% suffice to let you
hammer a picture hook into a wall?

Signature

Peter Moylan                             http://www.pmoylan.org

Please note the changed e-mail and web addresses.  The domain
eepjm.newcastle.edu.au no longer exists, and I can no longer
receive mail at my newcastle.edu.au addresses.  The optusnet
address could disappear at any time.

Bob Cunningham - 13 Nov 2006 14:16 GMT
> > Here we would do that with a condominium.  I own the interior surface
> >  of all the interior walls of my unit, plus a 0.9756% interest in the
> >  trust which owns everything else, [...]

> Only the interior surface? Does that extra 0.9756% suffice to let you
> hammer a picture hook into a wall?

Incidental question:  Southern California used to have a
restaurant shaped like a hat and a hardware store shaped
like a pumpkin, so is a condominium a building shaped like a
condom?
Bob Cunningham - 13 Nov 2006 14:31 GMT
[...]

> Incidental question:  Southern California used to have a
> restaurant shaped like a hat and a hardware store shaped
> like a pumpkin, so is a condominium a building shaped like a
> condom?

After posting that remark, I Googled and found 178,000 hits
containing both of the words "condom" and "condominium".

Now, having hit on the initialism "NNUTS", I wonder how many
times it has been used before.

Note that it can be construed to be a pronunciation of
ejaculatory "nuts" with the initial consonant prolonged to
show exasperation.  That could be a reaction to finding that
one's invention had been previously invented.

(No double entendre intended with the reference to
ejaculatory nuts.)
dontbother - 13 Nov 2006 14:33 GMT
> Peter Moylan <peter@ozebelgDieSpammers.org> said:
>>
[quoted text clipped - 10 lines]
> like a pumpkin, so is a condominium a building shaped like a
> condom?

I thought they were elastic and took the shape of whatever it is they
find themselves embracing, just the way tofu absorbs the flavor of
whatever it's cooked with. I've eaten tofu recently, but I haven't
used a condom for decades, so I might no be remembering correctly.
What say you, Bob?

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Franke: EFL teacher & medical editor
Native speaker of American English; posting from Taiwan.
Unmunged email: /at/easypeasy.com
"Impatience is the mother of misery."

Bob Cunningham - 13 Nov 2006 16:28 GMT
> > Peter Moylan <peter@ozebelgDieSpammers.org> said:

> >> > Here we would do that with a condominium.  I own the interior
> >> > surface
> >> >  of all the interior walls of my unit, plus a 0.9756%
> >> >  interest in the trust which owns everything else, [...]

> >> Only the interior surface? Does that extra 0.9756% suffice to
> >> let you hammer a picture hook into a wall?

> > Incidental question:  Southern California used to have a
> > restaurant shaped like a hat and a hardware store shaped
> > like a pumpkin, so is a condominium a building shaped like a
> > condom?

> I thought they were elastic and took the shape of whatever it is they
> find themselves embracing, just the way tofu absorbs the flavor of
> whatever it's cooked with. I've eaten tofu recently, but I haven't
> used a condom for decades, so I might no be remembering correctly.
> What say you, Bob?

I've never knowingly eaten tofu, but are you taking into
account that there are both male and female condoms?

From _Merriam-Webster's 11th Collegiate_:

    condom
    [...]
    2 : a device that is designed to be inserted
    into the vagina before coitus and that
    resembles in form and function the condom used
    by males

So a diaphragm is a condom?
Amethyst Deceiver - 13 Nov 2006 19:28 GMT
>I've never knowingly eaten tofu, but are you taking into
>account that there are both male and female condoms?
[quoted text clipped - 9 lines]
>
>So a diaphragm is a condom?

No. Because a diaphragm does not resemble in form the condom used by
males.
Signature

Linz
Wet Yorks via Cambridge, York, London and Watford
My accent may vary

Donna Richoux - 13 Nov 2006 19:42 GMT
> >From _Merriam-Webster's 11th Collegiate_:
> >
[quoted text clipped - 9 lines]
> No. Because a diaphragm does not resemble in form the condom used by
> males.

Nor function, neither. Overall purpose of birth control, yeah, but not
in the way it achieves that.

Illustrations and information:

http://www.plannedparenthood.org/birth-control-pregnancy/birth-control/f
emale-condom.htm

http://www.plannedparenthood.org/birth-control-pregnancy/birth-control/d
iaphragms-caps-and-shields.htm

Signature


Best -- Donna Richoux

Bob Cunningham - 14 Nov 2006 00:13 GMT
> > >From _Merriam-Webster's 11th Collegiate_:

> > >     condom
> > >     [...]
> > >     2 : a device that is designed to be inserted
> > >     into the vagina before coitus and that
> > >     resembles in form and function the condom used
> > >     by males

> > >So a diaphragm is a condom?

> > No. Because a diaphragm does not resemble in form the
> > condom used by males.

> Nor function, neither. Overall purpose of birth control,
> yeah, but not in the way it achieves that.

Thank you both.  I don't know at all what a diaphragm looks
like, despite having had intimate experience with one many
times during our impregnable* years.

> Illustrations and information:

> http://www.plannedparenthood.org/birth-control-pregnancy/birth-control/female-co
ndom.htm

> http://www.plannedparenthood.org/birth-control-pregnancy/birth-control/diaphragm
s-caps-and-shields.htm

Okay, now I know.  Thanks again.  

I wonder, though, how reliable the statistics are that they
give.  The number of pregnancies (five out of 100) they show
with perfect use of the condom seems unbelievable.  Makes me
wonder how they really knew the condom was being used
perfectly in each of the 100 uses that were purportedly
perfect.  Or how they define "perfect".  They say they have
no figure for perfect use of the diaphragm.  I would expect
it to be near zero.

*ObAUE:  I see "impregnable" has meanings which would make
it a possible candidate for addition to Mark Israel's list
of contronyms.  It can mean either "unassailable" or "able
to be impregnated".  _Merriam-Webster's Collegiate_ has only
the second meaning, but the _New Shorter Oxford_ has both.

It's almost as if "vulnerable" and "invulnerable" were
synonymous.
Bob Cunningham - 14 Nov 2006 02:08 GMT
[...]

> *ObAUE:  I see "impregnable" has meanings which would make
> it a possible candidate for addition to Mark Israel's list
> of contronyms.

Okay, I should have looked before I commented. "Impregnable"
*is* in Mark's list of contronyms.

However, he says

    impregnable = invulnerable, [disputed] impregnatable

The _New Shorter Oxford_ doesn't say it's disputed.  It
simply says unequivocally "Able to be impregnated.
Charles Riggs - 22 Nov 2006 11:18 GMT
>> >From _Merriam-Webster's 11th Collegiate_:
>> >
[quoted text clipped - 11 lines]
>
>Nor function, neither.

Shouldn't that be "Nor function, either", Donna?

Overall purpose of birth control, yeah, but not
>in the way it achieves that.
>
[quoted text clipped - 5 lines]
>http://www.plannedparenthood.org/birth-control-pregnancy/birth-control/d
>iaphragms-caps-and-shields.htm

Signature

Charles Riggs

Peter Moylan - 13 Nov 2006 23:53 GMT
>> I've never knowingly eaten tofu, but are you taking into account
>> that there are both male and female condoms?
[quoted text clipped - 7 lines]
> No. Because a diaphragm does not resemble in form the condom used by
> males.

Notwithstanding that, condoms for use by females do exist. I've never
seen one, but I gather that the difference is that they're not such a
tight fit, and one end is flared to keep the outside on the outside, so
to speak.

Signature

Peter Moylan                             http://www.pmoylan.org

Please note the changed e-mail and web addresses.  The domain
eepjm.newcastle.edu.au no longer exists, and I can no longer
receive mail at my newcastle.edu.au addresses.  The optusnet
address could disappear at any time.

Amethyst Deceiver - 17 Nov 2006 15:02 GMT
>>> I've never knowingly eaten tofu, but are you taking into account
>>> that there are both male and female condoms?
[quoted text clipped - 12 lines]
> tight fit, and one end is flared to keep the outside on the outside,
> so to speak.

I'm not denying that female condoms exist. Femidom is a brand name that
springs to mind. As does the information, from a friend, that the main
drawback to using one is that you rustle during sex.

Signature

Linz
Wet Yorks via Cambridge, York, London and Watford
My accent may vary

Evan Kirshenbaum - 17 Nov 2006 23:49 GMT
> I'm not denying that female condoms exist. Femidom is a brand name
> that springs to mind. As does the information, from a friend, that
> the main drawback to using one is that you rustle during sex.

That must make you unpopular with ranchers.

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Peter Moylan - 18 Nov 2006 00:19 GMT
>> I'm not denying that female condoms exist. Femidom is a brand name
>> that springs to mind. As does the information, from a friend, that
>> the main drawback to using one is that you rustle during sex.
>
> That must make you unpopular with ranchers.

But popular with Rustle Crowe.

Signature

Peter Moylan                             http://www.pmoylan.org

Please note the changed e-mail and web addresses.  The domain
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Django Cat - 18 Nov 2006 12:16 GMT
> > I'm not denying that female condoms exist. Femidom is a brand name
> > that springs to mind. As does the information, from a friend, that
> > the main drawback to using one is that you rustle during sex.
>
> That must make you unpopular with ranchers.

As in "hey, Sheriff, I hear the Brown Paper Kid's in town..."

DC
Amethyst Deceiver - 19 Nov 2006 18:50 GMT
>> I'm not denying that female condoms exist. Femidom is a brand name
>> that springs to mind. As does the information, from a friend, that
>> the main drawback to using one is that you rustle during sex.
>
>That must make you unpopular with ranchers.

By which you mean "one", I presume?
Signature

Linz
Wet Yorks via Cambridge, York, London and Watford
My accent may vary

Maria - 21 Nov 2006 05:24 GMT
>>> I'm not denying that female condoms exist. Femidom is a brand name
>>> that springs to mind. As does the information, from a friend, that
[quoted text clipped - 3 lines]
>
> By which you mean "one", I presume?

But _all_ ranchers dislike rustlers, I think --  even those they've
never personally met (or heard).

Signature

Maria

mrhubguy - 21 Nov 2006 06:16 GMT
Hotties!

http://www.hottyhub.com
Amethyst Deceiver - 21 Nov 2006 11:48 GMT
>>>> I'm not denying that female condoms exist. Femidom is a brand name
>>>> that springs to mind. As does the information, from a friend, that
[quoted text clipped - 6 lines]
> But _all_ ranchers dislike rustlers, I think --  even those they've
> never personally met (or heard).

It was the 'you' I was taking issue with.
Maria - 21 Nov 2006 16:46 GMT
>>>>> I'm not denying that female condoms exist. Femidom is a brand name
>>>>> that springs to mind. As does the information, from a friend, that
[quoted text clipped - 8 lines]
>
> It was the 'you' I was taking issue with.

Ah. Of course. For some reason, I misread it.

At this point, I was going to suggest a punishment for me of forty
lashes with a wet condom*, but that's just too gross. (I hate it when I
think of stuff like that.)

*Forty lashes with a wet noodle is the usual saying.
Signature

Maria

Gene Wirchenko - 22 Nov 2006 01:30 GMT
>>>>>> I'm not denying that female condoms exist. Femidom is a brand name
>>>>>> that springs to mind. As does the information, from a friend, that
[quoted text clipped - 13 lines]
>At this point, I was going to suggest a punishment for me of forty
>lashes with a wet condom*, but that's just too gross. (I hate it when I
              ^^^
>think of stuff like that.)
>
>*Forty lashes with a wet noodle is the usual saying.

    Did you mean "lubricated"?

Sincerely,

Gene Wirchenko

Computerese Irregular Verb Conjugation:
    I have preferences.
    You have biases.
    He/She has prejudices.
Maria - 22 Nov 2006 08:05 GMT
> Maria wrote, in part:
>>
[quoted text clipped - 7 lines]
>
>     Did you mean "lubricated"?

I'm not saying another word about this, even in explanation.

Signature

Maria
There's only one 'n' in my email address, and it's not in my first name.

Sara Lorimer - 19 Nov 2006 19:24 GMT
> I'm not denying that female condoms exist. Femidom is a brand name that
> springs to mind. As does the information, from a friend, that the main
> drawback to using one is that you rustle during sex.

...thus giving away your location to the enemy.

Signature

SML

Amethyst Deceiver - 19 Nov 2006 20:04 GMT
>> I'm not denying that female condoms exist. Femidom is a brand name that
>> springs to mind. As does the information, from a friend, that the main
>> drawback to using one is that you rustle during sex.
>
>...thus giving away your location to the enemy.

*giggle*
Signature

Linz
Wet Yorks via Cambridge, York, London and Watford
My accent may vary

Gene Wirchenko - 20 Nov 2006 01:00 GMT
>> I'm not denying that female condoms exist. Femidom is a brand name that
>> springs to mind. As does the information, from a friend, that the main
>> drawback to using one is that you rustle during sex.
>
>...thus giving away your location to the enemy.

...quite possibly while pinned.

Sincerelky,

Gene Wirchenko

Computerese Irregular Verb Conjugation:
    I have preferences.
    You have biases.
    He/She has prejudices.
dontbother - 14 Nov 2006 00:14 GMT
> dontbother <dontbother@mushmail.mom> said:
[...]
> I've never knowingly eaten tofu, but are you taking into
> account that there are both male and female condoms?
[quoted text clipped - 9 lines]
>
> So a diaphragm is a condom?

No.

Signature

Franke: EFL teacher & medical editor
Native speaker of American English; posting from Taiwan.
Unmunged email: /at/easypeasy.com
"Impatience is the mother of misery."

Peter Moylan - 13 Nov 2006 23:54 GMT
> I thought they were elastic and took the shape of whatever it is they
>  find themselves embracing, just the way tofu absorbs the flavor of
> whatever it's cooked with. I've eaten tofu recently, but I haven't
> used a condom for decades, so I might no be remembering correctly.

I've rarely eaten tofu, but to me it tastes roughly the same as the way
I imagine an unused condom would taste. I've never tried to cook either
of them.

Signature

Peter Moylan                             http://www.pmoylan.org

Please note the changed e-mail and web addresses.  The domain
eepjm.newcastle.edu.au no longer exists, and I can no longer
receive mail at my newcastle.edu.au addresses.  The optusnet
address could disappear at any time.

Tony Cooper - 14 Nov 2006 00:36 GMT
>> I thought they were elastic and took the shape of whatever it is they
>>  find themselves embracing, just the way tofu absorbs the flavor of
[quoted text clipped - 4 lines]
>I imagine an unused condom would taste. I've never tried to cook either
>of them.

Sometimes I dislike mental images more than I dislike STS.  I'm
picturing you there, Peter, chewing on some tofu trying to come up
with an apt taste comparison.  "Let's see...tree bark...a Pez
container...and old Argyle sock...a Street Guide of Hobart...no...an
unused condom...that's it!"

Signature

Tony Cooper
Orlando, FL

dontbother - 14 Nov 2006 00:45 GMT
> dontbother wrote:
>> I thought they were elastic and took the shape of whatever it
[quoted text clipped - 8 lines]
> the way I imagine an unused condom would taste. I've never tried
> to cook either of them.

If you put some diced tofu in a frying pan with green onions and
Taiwanese barbeque sauce and stir-fry it for a few minutes, you might
enjoy it more. The other thing you might do is buy some hand-made
tofu instead of that shiny, slippery stuff they sell in the
supermarket, which is called "supa-dofu" in Japan.

I think an unused condom would probably taste something like surgical
gloves, but since I haven't ever had one of those as an appetizer,
entree, or desert, I'm not sure about that comparison either.

Signature

Franke: EFL teacher & medical editor
Native speaker of American English; posting from Taiwan.
Unmunged email: /at/easypeasy.com
"Impatience is the mother of misery."

Evan Kirshenbaum - 14 Nov 2006 01:58 GMT
> I think an unused condom would probably taste something like surgical
> gloves, but since I haven't ever had one of those as an appetizer,
> entree, or desert, I'm not sure about that comparison either.

I like jellyfish, but I suspect that it's about the closest you can
find to surgical gloves among edible substances.

Signature

Evan Kirshenbaum                       +------------------------------------
   HP Laboratories                    |Now and then an innocent man is sent
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rzed - 13 Nov 2006 14:55 GMT
[...]

> Incidental question:  Southern California used to have a
> restaurant shaped like a hat and a hardware store shaped
> like a pumpkin, so is a condominium a building shaped like a
> condom?

~SDC~ Q 1: fill in the blank to fit this pattern:

Restaurant        Derby
Hardware store    Pumpkin
Condominium       _______

(a) condom   (b) anvil   (c) sheep   (d) cave   (e) ________

Signature

rzed

Bob Cunningham - 13 Nov 2006 16:22 GMT
> [...]

> > Incidental question:  Southern California used to have a
> > restaurant shaped like a hat and a hardware store shaped
> > like a pumpkin, so is a condominium a building shaped like a
> > condom?

> ~SDC~ Q 1: fill in the blank to fit this pattern:

> Restaurant        Derby
> Hardware store    Pumpkin
> Condominium       _______

> (a) condom   (b) anvil   (c) sheep   (d) cave   (e) ________

e. A building shaped like a condom of smallest size  (If
condoms came in sizes--they don't, do they?  Even if they
don't, it seems like they could be imagined to, by a
stretch.)

By the way, a highly respected lady regular told us years
ago that all penises were the same size, and she was a
nurse, so she knew.  I wonder if other nurses--or the same
nurse, who I think is still with us--might want to comment
on that.
dontbother - 13 Nov 2006 16:25 GMT
>  rzed <rzantow@gmail.com> said:
>
[quoted text clipped - 15 lines]
> e. A building shaped like a condom of smallest size  (If
> condoms came in sizes--they don't, do they?

I used to hear from all kinds of people in Tokyo that Japanese
condoms were too small for most Westerners, but that was probably
apocryphal.

Signature

Franke: EFL teacher & medical editor
Native speaker of American English; posting from Taiwan.
Unmunged email: /at/easypeasy.com
"Impatience is the mother of misery."

Millicent Tendency - 13 Nov 2006 15:48 GMT
>Incidental question:  Southern California used to have a
>restaurant shaped like a hat and a hardware store shaped
>like a pumpkin, so is a condominium a building shaped like a
>condom?

Rather than "condominiums", aren't those usually called "designed by
Norman Foster"?

Signature

Millicent Tendency
(TEFKATHE)

Garrett Wollman - 13 Nov 2006 16:55 GMT
>> Here we would do that with a condominium.  I own the interior surface
>>  of all the interior walls of my unit, plus a 0.9756% interest in the
>>  trust which owns everything else, [...]
>
>Only the interior surface? Does that extra 0.9756% suffice to let you
>hammer a picture hook into a wall?

It comes with certain exclusive rights to do things with parts of the
building that do not belong to me, subject to the bylaws of the trust.

Hanging pictures is no problem; hanging windows requires permission.
(Which would ordinarily be granted, since doing so is presumed to
increase the value of the property.)

-GAWollman

Signature

Garrett A. Wollman   | The real tragedy of human existence is not that we are
wollman@csail.mit.edu| nasty by nature, but that a cruel structural asymmetry
Opinions not those   | grants to rare events of meanness such power to shape
of MIT or CSAIL.     | our history. - S.J. Gould, Ten Thousand Acts of Kindness

Jonathan Morton - 13 Nov 2006 20:03 GMT
>> 999-year leases are alive and well and living in England. I have created
>> several this year. Their main use is in the selling of flats (for
[quoted text clipped - 10 lines]
> grantor; I'd have to look up in the documents to make absolutely
> certain.)

I hesitate to give a serious answer after the thread has degenerated
into a discussion of "the man who put the condom in condominium" but...
something akin to this has been introduced in England in the last couple
of years, in the shape of the new concept of "commonhold". This is a
worthy idea, but so far not much taken up in practice.

Most modern schemes have previously achieved what Garrett describes by a
traditional long lease arrangement, with the main structure owned by a
management company. This company in turn has exactly the number of
shares as the number of flats in the block, each flat owner having one
share. It is then relatively easy to regulate the company's constitution
so that the flat owners control the block as a whole, and the shares
always stay with the individual owners.

Regards

Jonathan
Buckwheat Soba - 13 Nov 2006 21:30 GMT
>> Here we would do that with a condominium.  I own the interior surface
>> of all the interior walls of my unit, plus a 0.9756% interest in the
[quoted text clipped - 4 lines]
>> grantor; I'd have to look up in the documents to make absolutely
>> certain.)
[...]
> Most modern schemes have previously achieved what Garrett describes by a
> traditional long lease arrangement, with the main structure owned by a
[quoted text clipped - 3 lines]
> so that the flat owners control the block as a whole, and the shares
> always stay with the individual owners.

That sounds more like a co-op than a condo, co-ops being found mainly in
New York (LCIA), where they were supposedly pioneered by Finnish
immigrants.

Signature

Buckwheat Soba

Robin Bignall - 13 Nov 2006 22:13 GMT
>>> On 12 Nov 2006, Robert Lieblich wrote
>>>
[quoted text clipped - 17 lines]
>fact which makes freehold flats unsatisfactory in practice), but they
>are also used in the sale of other property, sometimes for tax reasons.

I've now had time to rescue an article in yesterday's "Mail on Sunday"
from the recycling box. It mentions a forthcoming book "Who Owns the
World: The Hidden Facts Behind Land Ownership" by Kevin Cahill, which
states that the only person in Britain who legally owns land is the
Monarch.  This dates back to Duke William, and is enshrined in current
law as part of the explanatory notes to the Land Registration Act of
2002.  These state that "The Crown is the only absolute owner of land
in England and Wales: all others hold an estate in land.  Estates,
which derive from feudal terms of tenure, originally took many forms
but were reduced by the Law of Property Act 1925 to two; an estate in
fee simple - freehold - and an estate for a term of years -
leasehold".  
Fee simple is a medieval term for the sum paid to represent the fact
that freehold is a tenancy, with the Monarch as the ultimate
landowner.
The last time the Monarch exercised ownership rights was WWII, when 11
million acres of farmland was seconded for use by the military, but
the Monarch cannot sell land from under her subjects' feet without an
Act of Parliament. (Whew! Ed)
This "legal ownership" of land is not to be confused with her private
ownership of land as Elizabeth Windsor.  Cahill's book will also cover
ownership of land in other countries.
Signature

Robin
Herts, England

Robin Bignall - 12 Nov 2006 22:50 GMT
>On 12 Nov 2006, Robert Lieblich wrote
>
[quoted text clipped - 8 lines]
>I don't know if they were terminated by the Property Acts of the
>1920s, but I didn't think they were.

My flat in Chiswick was on a 999-year lease that was written in 1981.
Signature

Robin
Herts, England

Fiance - 12 Nov 2006 22:37 GMT
Robert Lieblich ra?e:
> I use "period of performance" (and avoid "terminate" and
> "termination") because the legal consequences of a contract can
[quoted text clipped - 6 lines]
> after his employment ends.  The effect of the contract extends beyond
> the period of performance.

Don't you think the non-competition clause you're referring to is still
performance of certain obligations that survive the expiration?

Anyway, I got many ideas from this thread, the best ones (seemingly, to
me) being:
1. one word: duration
2. adjectives: open-ended vs. of limited duration.

These are mainly necessary to me for translations. I perfectly
understand that using one word, e.g. duration, will convey less meaning
than "period of performance" but the latter may not be sufficiently
exhaustive as well. I'd better use that one word and add several
separate clauses to make sure that certain obligations survive the
expiration.

I only wonder now whether, gramatically, a contract expires or duration
does.

> I hasten to add, since it's no secret that I am a lawyer, that I am
> not offering legal advice here.  I'm commenting generally on how the
> American English language is used in the drafting of contracts.

This is precisely what I'm looking for in this great forum. I should
perhaps use a signature stating that "my question is based on legal
documents but limited to linguistic issues, with no legal advice being
asked for" :)
Tony Cooper - 12 Nov 2006 23:52 GMT
>This is precisely what I'm looking for in this great forum. I should
>perhaps use a signature stating that "my question is based on legal
>documents but limited to linguistic issues, with no legal advice being
>asked for" :)

That's sometimes called "fee avoidance".

Signature

Tony Cooper
Orlando, FL

Tony Cooper - 12 Nov 2006 16:51 GMT
>For some time already I'm trying to identify the word in English that
>would correctly express the idea of the "*period of a contract".
[quoted text clipped - 16 lines]
>But what would the noun be? "Period", "deadline", "term" - all seem
>wrong here.

The usual word used is "term". If you don't like that, you could use
"duration".  Personally, I don't like "Its" in your second sentence.  

I'd write "The contract is for a term of two years from the date of
acceptance, and will terminate at the end of that period of time
unless extended by mutual agreement of the parties."

However, if the contract was for something important, I'd have a
lawyer determine the wording.  Legal usage can be different from
English usage as discussed in this group.

Signature

Tony Cooper
Orlando, FL

dontbother - 12 Nov 2006 16:58 GMT
> For some time already I'm trying to identify the word in English
> that would correctly express the idea of the "*period of a
[quoted text clipped - 18 lines]
> But what would the noun be? "Period", "deadline", "term" - all
> seem wrong here.

"Duration" seems okay to me. I understand your lack of enthusiasm
for "term". One usually says things like "according to the terms of
the contract".

> Same with adjectives. If there is no *period of the contract,
> what would be the ONE ADJECTIVE to describe the contract? I've
> seen the phrase "OPEN-ENDED contract". Is it
> correct/native/grammatical?

Yes, it's grammatical, native, and correct. I would understand this
to mean that the contract had no set expiration date but could be
terminated upon the agreement of the contracting parties.

> What about the antonym of the adjective? "A contract of limited
> period"? Very awkward, possibly ungrammatical. What about ONE
> ADJECTIVE?

How about "limited-duration"?

Signature

Franke: EFL teacher & medical editor
Native speaker of American English; posting from Taiwan.
Unmunged email: /at/easypeasy.com
"Impatience is the mother of misery."

Robert Lieblich - 12 Nov 2006 17:05 GMT
[ ... ]

> > What about the antonym of the adjective? "A contract of limited
> > period"? Very awkward, possibly ungrammatical. What about ONE
> > ADJECTIVE?
>
> How about "limited-duration"?

All contracts are of limited duration.  Anglo-American law does not
permit a contract to extend into perpetuity.

Signature

Bob Lieblich
Ask any fertile octogenarian

dontbother - 12 Nov 2006 17:11 GMT
> dontbother wrote:
> [ ... ]
[quoted text clipped - 6 lines]
> All contracts are of limited duration.  Anglo-American law does not
> permit a contract to extend into perpetuity.

Sounds reasonable to me. My other suggestion was going to be this:

    "short-term-non-extendable-non-renewable"

but I thought that any argument claiming that was only one word
despite all the hypens would probably be labeled specious.

Signature

Franke: EFL teacher & medical editor
Native speaker of American English; posting from Taiwan.
Unmunged email: /at/easypeasy.com
"Impatience is the mother of misery."

Tony Cooper - 12 Nov 2006 18:03 GMT
>[ ... ]
>
[quoted text clipped - 6 lines]
>All contracts are of limited duration.  Anglo-American law does not
>permit a contract to extend into perpetuity.

How is a contract worded when the contract extends until canceled by
one of the parties under the terms of cancellation in the contract?

If, for example, rights are granted to use something?

Signature

Tony Cooper
Orlando, FL

Skitt - 12 Nov 2006 20:13 GMT
>> [ ... ]
>>
[quoted text clipped - 11 lines]
>
> If, for example, rights are granted to use something?

Isn't that a license?  If so, it is revocable by either party.  I got out of
a paid-up American Trails membership by pointing this out to them -- the
contract stated that it was a license for me to use their facilities, but
didn't mention the part about licenses being "revocable".  I wanted out, as
they were charging outrageous annual fees, and I was no longer interested in
using their campgrounds.  The phone dude said that I had to keep paying or
tranfer my membership to someone else.  All it took was one letter to their
lawyers to win my point.
Signature

Skitt (in Hayward, California)
http://www.geocities.com/opus731/

Tony Cooper - 12 Nov 2006 21:14 GMT
>>> [ ... ]
>>>
[quoted text clipped - 15 lines]
>a paid-up American Trails membership by pointing this out to them -- the
>contract

Like I asked about....a contract.    Actually, though, I was thinking
about a contract granting a right to access or summat.

>stated that it was a license for me to use their facilities, but
>didn't mention the part about licenses being "revocable".  I wanted out, as
>they were charging outrageous annual fees, and I was no longer interested in
>using their campgrounds.  The phone dude said that I had to keep paying or
>tranfer my membership to someone else.  All it took was one letter to their
>lawyers to win my point.

Signature

Tony Cooper
Orlando, FL

UC - 12 Nov 2006 20:31 GMT
> For some time already I'm trying to identify the word in English that
> would correctly express the idea of the "*period of a contract".
>
> Imagine such a clause of a contract:
>
> "The X of the contract is 2 years".

'Term'.

> I need ONE NOUN instead of "X" that would correctly express the
> following idea:
>
> "The contract will be deemed as terminated automatically in 2 years.
> Its *period is 2 years.

'Term'.

> If the parties do not extend the *period,

Contract

> the
> contract is deemed as terminated in 2 years after the signature."
[quoted text clipped - 12 lines]
> What about the antonym of the adjective? "A contract of limited
> period"? Very awkward, possibly ungrammatical. What about ONE ADJECTIVE?
 
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