Glossary entry (derived from question below)
español term or phrase:
hacer incurrir en responsabilidad contractual
inglés translation:
will give rise to [a claim of] contractual liability
español term
Nicaragua
Professional, Versatile & Trustworthy!
Native in: español
Works in: inglés al español, español al inglés
hacer incurrir en responsabilidad contractual
A continuación, otro extracto del documento sobre compras:
La resolución que tenga por desierta un proceso de contratación, no hará incurrir en responsabilidad contractual o pre-contractual alguna al órgano o entidad licitante. Esta resolución deberá ser notificada a los oferentes en un plazo máximo de tres (3) días a partir de la comprobación de los supuestos descritos anteriormente sin perjuicio del uso de otros medios de publicación.
My try:
The resolution that declares a contracting process null and void will not hold the bidding entity/institution contractually liable.
Lo malo es no puedo integrar "pre-contractual"
Non-PRO (1): Yvonne Gallagher
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Proposed translations
México
Translating full-time since 1998
Native in: inglés (Variant: British) 
Works in: español al inglés
will give rise to [a claim of] contractual liability
So your translation would in effect be something like:
A resolution voiding a procurement process will not give rise to any claim of contractual or pre-contractual liability against the tendering authority or body.
| Thank you very much Robert and David for your answers. Most of the time I avoid using "shall" in legal documents; consequently, I agree with Phil. I am fully aware that English is not my mother tongue; however, when I work in the SPA-ENG pair I do a lot of research to do my work. My foundations for not using "shall" in legal documents have been the ones detailed below: A Manual of Style for Contract Drafting By Kenneth A. Adams In traditional drafting, the word most abused in that regard is shall; And don’t use two or more different words or phrases to convey the same meaning: readers, and judges, might assume that differences in wording are intended to convey differences in meaning. BASIC PRINCIPLES OF CONTRACT DRAFTING (Chirst Goddard, with Amy Fellner and Rue-An Ormand) Don’t use “shall” The word “shall” has several meanings that are easily confused, even by lawyers. Use “must” if you want to show obligation, and follow the rules set out above. Keep “shall” for formal social occasions, e.g.: Invitation: “Shall we dance?” Response: “Wrong verb, baby!” An alternative is to use the present simple tense, e.g. “The buyer agrees to…”. ... however, I would like to know you, the experts, if it is actually appropriate to use "shall" in this context. |
| agree |
David Hollywood
: nice rendering Robert and maybe "shall" for "will"
11 minutos
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Thanks, David. Use of shall/will depends on the meaning: if were an obligation, then "shall"; if it's a hypothetical (which I believe it is in this case), then "will".
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| agree |
philgoddard
: I always use "will". "Shall" is going out of fashion.
1 hora
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Thanks, Phil. Unfortunately, US legal English still keep the distinction, so I tend to use it those cases. Also, it's still common in statutes.
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| agree |
Yvonne Gallagher
: and "shall" depends on the meaning as you say.
8 horas
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Thanks, Yvonne.
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| agree |
Luis M. Sosa
12 horas
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Thanks, Luis.
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| agree |
Antonella Perazzoni
1 día 18 horas
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Thanks, Antone
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worked for int. orgs (IMF, OAS, IDB)
Native in: inglés
Works in: español al inglés, alemán al inglés
bear (any) contractual liability
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Note added at 41 mins (2020-08-12 04:10:12 GMT)
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or pre-contractural/precontractural liability
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Note added at 42 mins (2020-08-12 04:11:20 GMT)
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and I would suggest "shall" rather than "will" in legalese
| agree |
Rosa Paredes
: Yes. This is on the spot. I also agree with your comment on the use of "shall" in legalese.
17 horas
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Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: inglés (Variants: British, Scottish) 
Works in: español al inglés, inglés al español, francés al inglés, and 5 more.
is not to make the ... incur any liability in contract generally or pre-contractually
al órgano o entidad licitante > we need to make a disinction between an institutional tenderer as a bidder and the (non-) contracting pr procuring authority - see the second weblink. Licitador - bidder vs. Licitante - bidder (West).
If the call for bids is called off, then it is likelier to be the latter issuer of the invitation disclaiming and repudiating liability, though any Anglo-Irish-Am. bidder may well claim a 'contractual estoppel' for the tendering expense 'incurred' so far.
Obiter, for the umpteenth time on the tense of shall vs. will, one Anglo-Irish Solicitor in our Madrid law office (bufete de abogados) preferred 'will' and an Eng. Barrister 'shall', though in actual English-language legal,, engineering and (re-)insurance practic/se seemingly lost on High and Appeal Court judges lecturing on legal English, the shorthand of '.. X to do this or that' - without any main verb: NB inexperienced UK and US legal clients - is used in memos and contracts.
Institute Cargo Clauses 2009 alternate between the present tense of is or are (subject to English law & practice) or the future tense of shall and will, depending on whether it is an imperative duty or a future event.
Discussion
Thank you very very much indeed for the clarification about the use of "shall", I had that doubt, but now it makes more sense. By the way, the link to the article by Ken Adams is very interesting.
Again, thank you!
It's not simply a question of legal style, as Adrian has rightly noted in his own posting below.
https://www.adamsdrafting.com/revisiting-use-of-shall-in-con...
I've adopted this usage recently for US legal English; for the UK, I think it's probably best to use "must" for obvious obligations (deberá, debe, etc).
I guess I should have written my comment here:
Thank you very much Robert and David for your answers. Most of the time I avoid using "shall" in legal documents; consequently, I agree with Phil. I am fully aware that English is not my mother tongue; however, when I work in the SPA-ENG pair I do a lot of research to do my work. My foundations for not using "shall" in legal documents have been the ones detailed below: A Manual of Style for Contract Drafting By Kenneth A. Adams In traditional drafting, the word most abused in that regard is shall; And don’t use two or more different words or phrases to convey the same meaning: readers, and judges, might assume that differences in wording are intended to convey differences in meaning. BASIC PRINCIPLES OF CONTRACT DRAFTING (Chirst Goddard, with Amy Fellner and Rue-An Ormand) Don’t use “shall” The word “shall” has several meanings that are easily confused, even by lawyers. Use “must” if you want to show obligation, and follow the rules set out above. Keep “shall” for formal social occasions, e.g.: Invitation: “Shall we dance?” Response: “Wrong verb, baby!” An alternative is to use the presen
https://books.google.com.mx/books?id=y3-Jwi0kIJoC&pg=PA100&d...