Sep 25, 2008 12:12
15 yrs ago
42 viewers *
French term

faute inexcusable

French to English Law/Patents Law (general)
a "labor law" question. This is from an article on risk prevention and accidental blood exposure, and employers' safety obligations. "...en application de ces obligations, la Cour de cassation a jugé, en 2002, qu'une obligation de sécurité de résultat s'impose à l'employeur en matière d'accidents du travail et de maladies professionnelles. Désormais l'employeur a commis une "faut inexcusable" dès lors qu'il "avait ou aurait dû avoir conscience du danger auquel était exposé le salarié, et qu'il n'a pas pris les mesures nécessaires pour l'en préserver...."

Thanks!
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): writeaway

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Discussion

B D Finch Sep 25, 2008:
Different systems and references Bridges gives "gross negligence; inexcusable conduct".
FHS Bridge "The Council of Europe French-English Legal dictionary"
However, I agree that there is plenty of documentary support for "inexcusable fault". Could there be a difference between UK and US usage, plus a difference of legal concepts between UK and France? If the legal concepts are not the same, it seems better to avoid the use of any term with a specific meaning in the law of the target language country.

Proposed translations

+7
4 mins
Selected

gross negligence

is the legal term
Peer comment(s):

neutral Ellen Kraus : würde, rückübersetzt, sein, was nicht unbedingt ident mit unentschuldbar ist
4 mins
neutral writeaway : hope you understand the back translation into German.. :-)
5 mins
agree Juliette Scott : Definitely the right expression http://law.lexisnexis.com/practiceareas/Workers-Compensation...
1 hr
thank you
agree helena barham
1 hr
agree Jennifer Forbes : The Council of Europe's Fr-Eng. legal dictionary gives both "gross negligence" and "inexcusable conduct" for "faute inexcusable".
1 hr
agree Katarina Peters
2 hrs
agree Shaun Baggott : This is the preferred US translation.
6 hrs
agree kashew
6 hrs
agree Leanne Leroy (X)
7 hrs
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4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
3 mins

unpardonable/unforgivable mistake

ought to be usable in this context

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Note added at 5 Min. (2008-09-25 12:18:04 GMT)
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INEXCUSABLE is another synonym
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-1
8 mins

unreasonable error

As given in Harrap's/Dalloz dictionnaire juridique French-English
Peer comment(s):

disagree B D Finch : The source, in this case, seems to be about negligence or fault, not error.
1 hr
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+4
6 mins

inexcusable fault

as a term...

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Note added at 11 mins (2008-09-25 12:24:14 GMT)
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Some of the Group’s subsidiaries are the subject in France of
judicial proceedings instituted by certain employees or former
employees with the aim of obtaining a court decision holding
these subsidiaries liable for an inexcusable fault (faute
inexcusable) which would allow them to obtain a supplementary
compensation above the payments made by the French Social
Security funds of related medical costs.
---
http://www.alstom.com/static/annual_report_2005_2006/gb/ra_f...
Peer comment(s):

agree Nina Iordache : Absolutely!
2 mins
Thank you.
agree writeaway : easily findable/verifiable on the www. good ref
4 mins
Thank you.
agree Clair Pickworth
7 mins
Thank you.
agree Carlos Segura
12 mins
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19 mins

Criminal negligeance (in context)

The GDT from Quebec gives this for labor relations.

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Note added at 21 mins (2008-09-25 12:33:32 GMT)
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Criminal NEgligEnce. No cafecito = typo.
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1 hr

unpardonable offence

I think this is the common phrasing:
Amazon.com: [email protected]'s review of Made in Texas: George ... - [ Traduire cette page ]... and that in 1944 the President of the University of Texas was dismissed for the unpardonable offence of assigning Dos Passos to students. ...
Peer comment(s):

neutral B D Finch : This phrase is generally used metaphorically, rather than legally.
37 mins
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4 hrs

has committed an act of gross negligence as he either had to have been or should have been aware of

Hello,

This is what is being said. It's just not "gross negligence" but an "act of gross negligence"

Désormais l'employeur a commis une faute inexcusable dès lors qu'il "avait ou aurait dû avoir conscience du danger = Since then, the employer has committed an act of gross negligence as he either had to have been or should have been aware of the danger...


Literally, "Il avait dû" = he had had to have been (I would just say "had to have been" here)
I hope this helps.
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Reference comments

6 mins
Reference:

European Tort Law 2003 - Google Books Result
by Helmut Koziol, Barbara C. Steininger, Ewa Baginska - 2004 - Law - 493 pages
The Cour d'appel found for the defendant: the victim's faute inexcusable ("inexcusable fault") was in its view the sole cause of the accident. ...
books.google.be/books?

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Note added at 7 mins (2008-09-25 12:19:55 GMT)
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International Encyclopedia of Comparative Law - Google Books Result
by André Tunc, René David, International ... - 1983 - Torts
Inexcusable fault. - If "venial faults" should not be ... but (except in the case of the victim of an inexcusable fault), subject to a deductible (p.24-25, ...
books.google.be/books?isbn=9024728355

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Note added at 8 mins (2008-09-25 12:20:58 GMT)
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[PDF]
Heading 6.2.1.B.
File Format: PDF/Adobe Acrobat - View as HTML
A person commits an inexcusable fault when his or her conduct is exceptionally ... plaintiff constituted an inexcusable fault (faute inexcusable) within the ...
www.casebooks.eu/download/tort/heading6.2.1.B.pdf

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Note added at 8 mins (2008-09-25 12:21:29 GMT)
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Controversy over agreement on workplace accidents and illnesses
The decrees of 28 February 2002 led to greater possibilities for compensation for victims if the employer is convicted of an inexcusable fault (FR0204105F). ...
www.eurofound.europa.eu/eiro/2007/05/articles/fr0705019i.ht...
Peer comments on this reference comment:

agree Nina Iordache : Absolutely: http://www.speedylook.com/Inexcusable_fault.html
2 mins
agree Yolanda Broad
7 hrs
seems it amounts to an intentional error. gross negligence is convenient but inaccurate. that's faute grave/lourde. this is something else.
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