Glossary entry

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
Change log

Nov 16, 2017 10:39: B D Finch Created KOG entry

Discussion

B D Finch Nov 16, 2017:
@Nikki I've posted some UK examples of liability being invoked. There are plenty more. I think that the meaning of liability being "invoked" is somewhat different from it being "sought" or "raised". I think it probably means that a defined statutory or contractual liability exists and is being called upon. If liability is "sought" or "raised", there might be some doubt about whether the party concerned is liable or about the extent of their liability.
Nikki Scott-Despaigne Nov 16, 2017:
Post-selection comments. Just to emphasise that for a UK reader, liability is "sought" or "raised", seldom "invoked."

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-.
Peer comment(s):

agree Mark Nathan : Yes, I was just going to say something similar
1 min
Thanks Mark
agree AllegroTrans
16 mins
Thanks AT
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
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.
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
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.
agree narasimha (X)
7 hrs
Thanks narasimha.
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4 KudoZ points awarded for this answer. Comment: "Thank you!"
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