Mar 20, 2020 11:58
4 yrs ago
34 viewers *
French term
France
Technical Translator FR/ES --> EN
Native in: English (Variants: UK, British)
Works in: French to English, Spanish to English
Préjudice (clause)
French to English
Bus/Financial
Law: Contract(s)
Hi everyone,
I've looked at the Kudoz entries for this term and I'm not entirely sure the translations suggested are suitable when it is the header of a clause.
I get the feeling that the equivalent in English would be a "liability" or "limitation of liability" (clause).
For a bit of context, here's the first sentence in that clause:
"La responsabilité de chacune des Parties pourra être engagée, dans les conditions de droit commun, à raison des dommages directs et prévisibles subis par chacune des parties."
It then goes on to state that the parties will not be held liable for indirect (consequential?) damages for lost time, profits, etc.
Any help would be greatly appreciated!
I've looked at the Kudoz entries for this term and I'm not entirely sure the translations suggested are suitable when it is the header of a clause.
I get the feeling that the equivalent in English would be a "liability" or "limitation of liability" (clause).
For a bit of context, here's the first sentence in that clause:
"La responsabilité de chacune des Parties pourra être engagée, dans les conditions de droit commun, à raison des dommages directs et prévisibles subis par chacune des parties."
It then goes on to state that the parties will not be held liable for indirect (consequential?) damages for lost time, profits, etc.
Any help would be greatly appreciated!
Proposed translations
(English)
| 4 +3 | (limitation of) liability |
philgoddard
|
| 3 | Loss or damage incurred |
Adrian MM.
|
| 3 | harm |
SafeTex
|
Proposed translations
+3
4 mins
philgoddard
United States
United States
Native in English
United States
Six languages into flawless English
Native in: English
Works in: German to English, French to English, Spanish to English, and 4 more.
Related KudoZ points
:
317
Selected
(limitation of) liability
I agree with you. It's important that the headline reflect the content of the clause rather than being translated literally.
Either of your alternatives is fine.
Either of your alternatives is fine.
Note from asker:
| Great, thanks Phil. Any strong feelings about whether to translate "dommages indirects" as indirect or consequential damages? I'm translating for a UK audience. |
Peer comment(s):
| agree |
ph-b (X)
: as a title - perhaps with capitals: Limitation of Liability?
5 hrs
|
| agree |
Paul Stevens
5 hrs
|
| agree |
Eliza Hall
: Just "Liability." The clause isn't only about limitations on liability; the first sentence, for instance, says what the parties may be liable for.
8 hrs
|
| neutral |
Daryo
: the headline should reflect the content of the clause - agree entirely on that // ideally you need to find a similar standard clause in the target language and use the usual label for that type of clause.
14 hrs
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
1 hr
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: Scottish, British) 
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
86
French term (edited):
Préjudice (clause header)
Loss or damage incurred
Better ask about indirect in another law- or insurance-headed question as unclear whether a literal translation of 'indirects' or a brilliant one for 'par ricochet': ....the parties will not be held liable for indirect (consequential?) damages = losses (and, unless AmE / see Microsoft's online T&C, not monetary compensation) for lost time, profits, etc
Example sentence:
IATE: the owner or operator shall be entitled to compensation for any loss or damage suffered. eur-lex.europa.eu le propriétaire ou l'exploitant est en droit de demander une indemnisation pour tout préjudice ou dommage subi.
Reference:
http://www.proz.com/personal-glossaries/entry/3615374-prejudice-detrimentprejudiceloss
http://iate.europa.eu/search/standard/result/1584706181507/1
Peer comment(s):
| agree |
AllegroTrans
52 mins
|
|
Thanks. Loss on its own is rather trite.
|
|
| disagree |
Eliza Hall
: Losses incurred and losses for which XYZ is liable are two different things.
8 hrs
|
|
You are falling into the trap set of extrapolating liability from the neutral term of Préjudice when the clause goes on to spell out an exemption.
|
6 hrs
harm
I'm not saying this is better than the others. The translation often depends on the types of "dommages"
Goods and property = damage or loss
Profits, etc = Loss
Reputation etc. = harm
I often find that when talking summarily about "dommage", like in a heading, or when talking generally , that the only one that looks right is "harm"
Take Coronavirus and say to yourself
"Coronovirus is going to cause a lot of ??? to the economy."
Which word fits best for you "loss, damage or harm"?
But context is important of course and you can't always use "harm"
Regards
Goods and property = damage or loss
Profits, etc = Loss
Reputation etc. = harm
I often find that when talking summarily about "dommage", like in a heading, or when talking generally , that the only one that looks right is "harm"
Take Coronavirus and say to yourself
"Coronovirus is going to cause a lot of ??? to the economy."
Which word fits best for you "loss, damage or harm"?
But context is important of course and you can't always use "harm"
Regards
Peer comment(s):
| neutral |
Daryo
: "harm" is too restrictive
8 hrs
|
|
Yes, for a heading it doesn't work but in the text, it's a contender. I did explain this in my answer
|
Discussion