Glossary entry (derived from question below)
French term or phrase:
En cas de recherches de responsabilité du ...
English translation:
ln the event of X's or Y's liability being invoked
Added to glossary by
B D Finch
Nov 14, 2017 22:06
6 yrs ago
4 viewers *
French term
recherches de responsabilité
French to English
Law/Patents
Law: Contract(s)
Contrat de cession
Hi
I am translating a "contract de cession" where one party (Concédant) is granting rights to another party (Concessionnaire) to use an IT application.
I would appreciate help with this phrase (which comes under "ARTICLE 11 - Responsabilité") in the context of the full sentence, which is:
En cas de recherches de responsabilité du Concédant et/ou du Concessionnaire celle-ci sera limitée au prix du présent contrat de concession.
Many thanks
Mark
I am translating a "contract de cession" where one party (Concédant) is granting rights to another party (Concessionnaire) to use an IT application.
I would appreciate help with this phrase (which comes under "ARTICLE 11 - Responsabilité") in the context of the full sentence, which is:
En cas de recherches de responsabilité du Concédant et/ou du Concessionnaire celle-ci sera limitée au prix du présent contrat de concession.
Many thanks
Mark
Proposed translations
(English)
3 +5 | ln the event of X's or Y's liability being invoked | B D Finch |
Change log
Nov 16, 2017 10:39: B D Finch Created KOG entry
Proposed translations
+5
17 mins
French term (edited):
En cas de recherches de responsabilité
Selected
ln the event of X's or Y's liability being invoked
This is about limiting the parties' liabilities to the value of the contract. There might be a better way of putting it.
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Note added at 1 day 19 hrs (2017-11-16 17:32:38 GMT) Post-grading
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http://e-lawresources.co.uk/Rylands-v-Fletcher.php
"There must be an escape from the defendant's land. An injury inflicted by the accumulation of a hazardous substance on the land itself will not invoke liability under Rylands v Fletcher:
Ponting v Noakes (1849) 2 QB 281 Case Summary"
http://www.ssr.co.uk/frontdoor/resources/1366989729-weightma...
"Clause 61 will prevent a claimant pleading breach of a statutory duty as a cause of action in any claim for personal injury.
As certain statutory duties invoke strict liability, such as:-
Regulation 5 of the Workplace (Health, Safety and Welfare) Regulations 1992 – failing to keep the workplace in good
repair;
Regulation 4 of the Provision & Use of Work Equipment Regulations 1998 – liability for defective equipment, not
kept in good repair;
the clause in effect abolishes the concept of strict liability, by allowing an employer (and therefore their insurers) to prove
they took all reasonably practicable measures, and therefore were not at fault. "
https://uk.practicallaw.thomsonreuters.com/6-608-0506
Only the company itself can invoke this liability. Directors may be further held jointly and severally liable for all damages caused by a breach of ...
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Note added at 1 day 19 hrs (2017-11-16 17:33:57 GMT) Post-grading
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www.cambridge.org/download_file/view/909207/
The following relationships do not invoke vicarious liability: • local authority and tenants – in Hussain v Lancaster CC, 16 over 100 tenants of a Council hous-.
--------------------------------------------------
Note added at 1 day 19 hrs (2017-11-16 17:32:38 GMT) Post-grading
--------------------------------------------------
http://e-lawresources.co.uk/Rylands-v-Fletcher.php
"There must be an escape from the defendant's land. An injury inflicted by the accumulation of a hazardous substance on the land itself will not invoke liability under Rylands v Fletcher:
Ponting v Noakes (1849) 2 QB 281 Case Summary"
http://www.ssr.co.uk/frontdoor/resources/1366989729-weightma...
"Clause 61 will prevent a claimant pleading breach of a statutory duty as a cause of action in any claim for personal injury.
As certain statutory duties invoke strict liability, such as:-
Regulation 5 of the Workplace (Health, Safety and Welfare) Regulations 1992 – failing to keep the workplace in good
repair;
Regulation 4 of the Provision & Use of Work Equipment Regulations 1998 – liability for defective equipment, not
kept in good repair;
the clause in effect abolishes the concept of strict liability, by allowing an employer (and therefore their insurers) to prove
they took all reasonably practicable measures, and therefore were not at fault. "
https://uk.practicallaw.thomsonreuters.com/6-608-0506
Only the company itself can invoke this liability. Directors may be further held jointly and severally liable for all damages caused by a breach of ...
--------------------------------------------------
Note added at 1 day 19 hrs (2017-11-16 17:33:57 GMT) Post-grading
--------------------------------------------------
www.cambridge.org/download_file/view/909207/
The following relationships do not invoke vicarious liability: • local authority and tenants – in Hussain v Lancaster CC, 16 over 100 tenants of a Council hous-.
Peer comment(s):
agree |
Mark Nathan
: Yes, I was just going to say something similar
1 min
|
Thanks Mark
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agree |
AllegroTrans
16 mins
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Thanks AT
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agree |
philgoddard
: Or you could just say "X and Y's liability will be limited to". You don't need to mention "invoked", since you're only liable if someone claims against you.
20 mins
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Thanks phil. That's logical, but with legal documents, I prefer not to stray too far from the original in case it does make a difference.
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agree |
Nikki Scott-Despaigne
: I too reckon that "invoked" is not necessary. In the UK, we refer to "seeking liability", which seems quite a good fit to the FR here. Also, I prefer "to make a claim againt X" to "to claim against X".//"Make a c" was a linguistic note as irrelevant here.
1 hr
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Thanks Nikki. Problem with "to make a claim" is that one cannot limit claims under statutory (or common) law in this way, only claims where liability is governed by the particular contract terms in question.
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agree |
narasimha (X)
7 hrs
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Thanks narasimha.
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4 KudoZ points awarded for this answer.
Comment: "Thank you!"
Discussion