1. 41.right 



A right can be described as (1) title to or interest in any property (2) any other interest or privilege recognized and protected by law (3) freedom to exercise any power conferred by law.


Right to = entitlement to something


Right in = the right is less than total


When you refer to right more as an interest than as an entitlement, then you should use in.


A right to the house implies that you have a right to own and live in the house. A right in the house implies that there may be others who also have rights regarding the house.


    1. 42.rol 



There is no precise English equivalent for a rol. Suggested translations:


A cause list is not the same as a rol. Cause list is the term used in England for cases being heard on any given day by a court. Similar terms used elsewhere are: docket list, hearings list, trial list.


    1. 43.shall / should 


Courts usually construe “shall” as creating an obligation. Sometimes though, they construe it as giving a mere direction … the differing senses of “shall” point up the dangers inherent in its uncritical use. – Modern Legal Drafting, Peter Butt and Richard Castle



    1. 44.stationery & stationary 



Stationery = kantoorbenodigheden

Stationary = stationair


    1. 45.taxateur, taxatie & taxeren 



Different terms are used in the English-speaking world for taxateur (i.e. someone who estimates the financial value of property). Here is an overview of the terms used.



surveyor or valuer


surveyor or valuer







South Africa

appraiser and valuer


The Federatie van Taxateurs Makelaars Veilinghouders (FTMV) uses both appraiser and valuer on its website.


    1. 46.tekortkoming 



Translations of tekortkoming include shortcoming, failure, default, deficiency, breach and at fault.


For example:


    1. 47.tot en met 



It is not necessary to use the idea of tot en met in English.


The following is not grammatically incorrect, but wouldn’t be used by English-speakers.


    1. 48.therefore & therefor 



Therefore = for that reason; consequently

Therefore = for that; for it


    1. 49.UK vs. US English 







authorise, authorisation

authorize, authorization

a licence

a license

to license

to licence



    1. 50.Words – ordinary usage & legal usage 



There are a number of words which have one general meaning in ordinary English and another, specific, meaning in legal English. Care should be taken with these words. Here are some examples.


Consideration in legal English means an act, forbearance, or promise by one party to a contract that constitutes the price for which the promise of the other party is bought. Consideration is essential to the validity of any contact other than one made by deed.


Consideration in ordinary English means; (1) careful thought, (2) a fact taken into account when making a decision, (3) thoughtfulness towards others.


Construction in legal English means interpretation. To construe is the infinitive verb form of the term.


Construction in legal English means; (1) the action of contructing [e.g. a building], (2) a building or other structure, (3) the industry of erecting buildings.


Redemption in legal English means the return or repossession of property offered as security on payment of a mortgage debt or charge.


Redemption in ordinary English usually means Christian salvation.


Tender in legal English means an offer to supply goods or services. Normally a tender must be accepted to create a contract.


Tender in ordinary English means; (1) gentle and kind, (2) (of food) easy to cut or chew, (3) (of a part of the body) painful to the touch, (4) young and vulnerable, (5) easily damaged.


A number of words and phrases which are used in ordinary English are also used in legal English but in unusual contexts. Examples include furnish, prefer, hold.