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Glossary entry

English term or phrase:

Please explain!

English answer:

Explanation

Added to glossary by Anna Maria Augustine (X)
Jul 10, 2006 13:10
18 yrs ago
10 viewers *
English term

Please explain!

English Law/Patents Law (general)
This does not apply insofar as the seller performed the transportation and the seller or the employees it assigns to this task have culpably caused the damage.

Now of what I understood, the person who has sold this device is not responsible for anything after the transportation is complete...what does the rest of the sentence mean!

Many many thanks :D
Responses
4 +13 Explanation
4 +3 The seller is responsible

Discussion

Christine Andersen Jul 11, 2006:
An important point is 'INSOFAR AS' - which basically means 'IF'.
The damage has not yet been caused, but IF it is deliberately /culpably caused by the seller's employees who are responsible for transport, the previous clause does not apply.
Anna Maria Augustine (X) Jul 10, 2006:
Yes, the seller and his/her employees are at fault. English legalese is not easy for non native English speakers but French is even more difficult. Best of luck with the rest and we are here to help in case needed !
Roddy Stegemann Jul 10, 2006:
I agree with Jarry that the sentence is very understandable, but I also agree with Kurt. Stylistically speaking the sentence could be improved.
Zeinab Asfour (asker) Jul 10, 2006:
Thank you Kurt :)
I thought as much :)
jarry (X) Jul 10, 2006:
The sentence is written in perfect English which anyone versed in legalese will have no difficulty whatsoever in understanding. See Anna Maria's suggested explanation.
Kurt Porter Jul 10, 2006:
Zeinab - you perhaps having a hard time understanding this sentence as it doesn't make any sense. It's very, very poor English.
yolanda Speece Jul 10, 2006:
It looks like what the text is saying is that the fact that the service was performed is not the issue. the fact that there was a damaged product which was damaged by the seller or its personnel is the issue.

Responses

+13
5 mins
Selected

Explanation

This does not apply because the seller carried out the transportation.
The seller or his/her employees who were given the task of dealing with transportation are guilty of causing damage.

This is explained in simple English.

--------------------------------------------------
Note added at 10 mins (2006-07-10 13:21:52 GMT)
--------------------------------------------------

Culpable means guilty therefore the seller or the employees are at fault for causing damage.
Note from asker:
This means that the seller or his/her employees are guilty in all cases, right!
Peer comment(s):
agree jarry (X) : Well put
1 min
Thank you
agree Mónica Ameztoy de Andrada
2 mins
Thank you ever so much
agree Marian Greenfield
2 mins
Thank you. Am trying to understand poor English.
neutral Roddy Stegemann : Not necessarily guilty, but rather a probable cause, of the damage -- i.e., blameworthy. / A person who is guilty is surely culpable, but all who are culpable are not guilty.
5 mins
Culpable means guilty or at fault
agree yolanda Speece : Exactly. It isn't simple or plain, though. It's legalese which if you don't speak it could be troublesome.
7 mins
Thank you
agree Marie Scarano : seller is responsible - most likely rather than the producer or other intermediaries.
8 mins
Thank you
agree Sol : Yes. And I don't see what the problem is. It's very clear. The previous sentence does not apply if the seller transported the items and he or his employees damaged the items while transporting them.
30 mins
Legalese is not easy for a non native English speaker. Worse even in French.
agree Andy Watkinson : I don't see what the problem is either.
59 mins
Thank you
agree Dave Calderhead
1 hr
Ta
agree MikeGarcia
2 hrs
Thanks
agree Alfa Trans (X)
2 hrs
Thanks
agree Romanian Translator (X)
5 hrs
Thanks
agree Asghar Bhatti : Culpable homicideamounting to murder
12 hrs
agree Lubain Masum
19 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks a million :)"
+3
8 mins

The seller is responsible

The seller is responsible because the damage occurred before delivery, and was caused by "the employees it assigns to this task" during, apparently, transportation
Peer comment(s):
agree Tony M : I think the salient point is that EVEN IF this is 'in transit' damage, that was still the Seller's responsibility in this case...
1 min
Thank you so much, Tony :))
agree Nesrin
11 mins
Thank you, Nesrin :))
agree MikeGarcia : Greetings, smiling lady, from a craquelé grandpa...
2 hrs
Many thanks ;)
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