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The 3 most common mistakes in translating contracts and how they can affect your case

In the world of law, accuracy in not a luxury, but a necessity. A single mistranslated term can change the meaning of an entire provision and potentially lead to high legal fees. Understanding the most common traps in contract translation is crucial for translators who cooperate with legal experts, as it ensures quality and protects their clients.
We discuss the three most common mistakes made in contract translation and advise you on how to avoid them.

1) Literal translation of legal terms

One of the most frequent mistakes is literal translation, without considering the legal context. Different languages often do not have equivalent legal terminology, and the same term can have different meanings in different legal systems.

Example:
In contract law, the English term “consideration” cannot be translated to Croatian to mean “continuous and careful thought” (razmatranje). Rather, its Croatian equivalent is protučinidba, which is closer in meaning to “compensation”, and is a crucial element of a contract’s validity.

How to avoid making a mistake:

  • Always consider the legal system of the source and target language.
  • Use reliable and verified legal dictionaries and term bases.
  • Consult with the client if you have any doubts.

2) Terminological inconsistency

Key terms are often repeated throughout a contract. If one and the same term is translated differently in the same contract, this can result in confusion, or even contradiction.

Example:
If the English term party is translated into Croatian as strana in one part of the contract translation, and as ugovorna strana or sudionik in another, this may cause confusion in contract interpretation.

How to avoid making a mistake:

  • Create termbases or glossaries for every project.
  • Use CAT tools with functionalities which enable terminological consistency.
  • Proofread the text (focusing on terminology) and have it reviewed by an expert, if necessary.

3) Non-adherence to legal style and structure

Legal texts are characterized by a specific style, which includes formality, accuracy and certain typical structures. Translating a text in a “generalized” style or too freely may affect its legal validity.

Example:
Leaving out phrases such as “hereinafter referred to as” instead of replacing them with adequate translations may lead to confusion or ambivalence with regard to definitions.

How to avoid making a mistake:

  • Adhere to the legal writing standards of the target language.
  • Do not simplify the text at the expense of accuracy.
  • Pay attention to sentence and definition structure and try to retain it as much as possible.

The responsibility of the translator

Translating a contract is not just a language assignment. It entails responsibility, which in turn requires understanding of legal systems and context, as well as attention to detail. Mistakes in translation can have serious financial and legal consequences for your clients, including the loss of a case.

For translators working with legal experts, investing in translation quality, translators’ education and cooperation with legal experts is not optional, but necessary.