Mar 21, 2010 18:06
14 yrs ago
72 viewers *
French term

dommages et intérêts

French to English Law/Patents Law (general) Terms and conditions of use
"*** ne sera pas responsable des dommages directs, indirects ainsi que des dommages et intérêts directs et indirects résultant de la vente et de l’utilisation de tous ses produits SI CES PRODUITS N’ONT PAS ETE DEFINIS ET CHOISIS PAR *** POUR L’UTILISATION QUI EN EST FAITE"

Legalese is not my forte, so I'm a bit flummoxed by "dommages et intérêts", which is almost a repetition of the previous bit. I assume the first "dommage" here means injury, but how to translate "dommages et iintérêt? Consequential damage??
Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): writeaway, Rob Grayson

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Discussion

chris collister (asker) Mar 22, 2010:
Rob Grayson Unsurprisingly, I did look at the Kudoz glossary, and no, I didn't find it. Perhaps you could point it out to me (though it's not the easiest of glossaries to use)?
Yes, mea culpa, there it is in Collins, but under "dommage" not "interêt". I am suitably chastened. It'll be the birch twigs for me this evening... but stiffened in my resolve to avoid legalese like the plague.
chris collister (asker) Mar 21, 2010:
Discussion with a barrister suggests this may indeed be the standard phrase: "damages and interest". The example she used was of a poorly fitted new window, where the "interest" was accrued on direct and indirect "damages" such as heat loss and visual appearance (presumably your neighbours laughing at the rafistolage). Does this make sense to you legal experts?
Rebecca Davis Mar 21, 2010:
I think it is "dommage" is harm, "dommages" is "damages" and I think that interets is indeed "interest" as in the English expression, which I think covers more than just financial interest...
chris collister (asker) Mar 21, 2010:
damages Being no legal eagle, let me get this straight: the first "dommage" is a physical damage or injury (eg if the thing explodes), while the socond "dommages" is/are the monetary damages resulting from litigation. And is the "interest" the financial interest accrued over the period from the claim to the award of "damages"?

Proposed translations

9 mins
Selected

damages and interest

I think this is the usual English expression

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Note added at 13 mins (2010-03-21 18:20:15 GMT)
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I think that "interest" covers the liability part
Note from asker:
That simple, hein? Nothing to do with injury then?
Peer comment(s):

agree John Fossey : The point is that interest may accrue from the time of the damages to the award or payment, and this interest is included in the liability.
23 mins
Thank you
disagree philgoddard : This is a false friend - interêts does not mean interest in this context. We've had this several times before.
36 mins
I'm not sure "dommages-intérêts" tends to be a bit of a catch all, but from what I can see in French legal glossaries, "dommages et intérêts" appears to involve setting an interest rate and then paying it...
agree margaret caulfield : "interests" (in plural), since the damages can be of different types.
1 hr
neutral Nikki Scott-Despaigne : English meaning of "damages" includes interest. http://legal-dictionary.thefreedictionary.com/damages (Also "interest" when referred to in the statement of claim, would never be in the plural in such contexts.// Ref Margaret's peer comment).
1 hr
?? No, I agree, it shoudn't be in the plural...That's why I didn't use the plural in my answer...
disagree Rob Grayson : Agree with Nikki
14 hrs
Something went wrong...
3 KudoZ points awarded for this answer. Comment: "Despite the 11 agrees, the very experienced (English) barrister I spoke to insisted that "damages and interest" was perfectly currect terminology. However, I do appreciate the fact that legally speaking, "damages" does imply interest."
+12
36 mins

damages

*
Peer comment(s):

agree philgoddard
9 mins
thanks philgoddard
agree Jack Dunwell : dommages-intérêts
38 mins
thanks fourth
agree Nikki Scott-Despaigne : "Damages" under English law includes interest. It means monetary compensation for loss and includes interest.
59 mins
thanks Nikki
agree Claire Nolan : Termium also gives 'damages' alone.
1 hr
thanks Clanola
neutral John Fossey : While its true that "damages" automatically includes the interest that results from those damages, the "interest" is often spelled out as "damages and interest", to prevent it become a secondary issue in litigation.
2 hrs
Thanks John
agree whither has fle
3 hrs
thanks whither
agree cmwilliams (X)
5 hrs
thanks cmwilliams
agree writeaway : in most basic ordinary Fr-En dictionaries and must be in glossary since it's been asked many times before
6 hrs
thanks writeaway
agree Karen Stokes
13 hrs
thanks Karen
agree Rob Grayson : A very common question to which the asker could easily have found the answer
14 hrs
thanks Rob
agree Mary Lalevee
21 hrs
thanks Mary
agree Sébastien GUITTENY
1 day 19 hrs
thanks Sébastien
agree Peter Shortall
366 days
Thanks Peter (sorry I had no notification of your comment before)
Something went wrong...
5 mins

damages claim

*

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Note added at 11 minutes (2010-03-21 18:17:53 GMT)
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Demand upon the insurer, or the guilty or negligent party, for compensation for a damage or loss.

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Note added at 42 minutes (2010-03-21 18:49:07 GMT)
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"damage claims" will give you ghits ... Also the 'intérêts' is included in the 'damage' portion of the claim ...
Note from asker:
Thanks
Something went wrong...
1 hr

compensation/compensatory payments

Something along this line:"shall not be liable for direct and indirect/consequential damages and compensation for such damages".
Note from asker:
Thank you. Plenty of food for thought here.
Peer comment(s):

neutral Nikki Scott-Despaigne : "compensation by way of damages" wld be the std terminology if using the word "compensation". Re dir/indir conseq damagE, must be in the singular... damagE is sustained, damagES are paid.
4 mins
Something went wrong...

Reference comments

22 hrs
1305 days
Reference:

Beating a dead horse....

While generally referenced together, French civil code distinguishes between interest and damages. The interest accrues on any award of damages. In US it is common to speak of "damages and interest" for the same reason. In UK it is permitted as well (see PDF from the house of lords). See French Civil Code Article 1153-1.
Something went wrong...
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