Jan 11, 2012 20:50
12 yrs ago
4 viewers *
Spanish term
Culpa con previsión
Spanish to English
Law/Patents
Law (general)
I understand the general concept (and the rest of the content of these two sentences) but I wanted to run it by you kind folks as I feel the term should be translated as a particular term of art. I am leaning towards recklessness or gross negligence. This is taken from an Uruguayan court decision.
"En el ambito penal esta tercer zona es conocida como el dolo eventual y en el civil como culpa con prevision. Esto es, cuando el autor de lo ilicito se representa un hecho como danoso y si bien su intencion no es danar, ejecuta el acto sin importarle que el mismo dane o no."
Thanks.
"En el ambito penal esta tercer zona es conocida como el dolo eventual y en el civil como culpa con prevision. Esto es, cuando el autor de lo ilicito se representa un hecho como danoso y si bien su intencion no es danar, ejecuta el acto sin importarle que el mismo dane o no."
Thanks.
Proposed translations
(English)
| 4 +1 | gross negligence |
Nikolaj Widenmann
|
| 4 +1 | wanton or wilful misconduct |
Yvonne Gallagher
|
| 3 | foreseeability-based fault |
Adrian MM. (X)
|
Proposed translations
+1
3 hrs
Nikolaj Widenmann
United States
United States
Native in English
Specializes in field
United States
Legalese and business speak, translated.
Native in: Danish 
, English
Works in: Danish to English, Norwegian to English, English to Danish, and 4 more.
Related KudoZ points
:
143
gross negligence
I am pretty sure this is what it means, given the civil context. Black's Law Dictionary defines it as "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party, who may typically recover exemplary damages".
Peer comment(s):
| agree |
philgoddard
: I always thought gross negligence was unconscious and involuntary, but I can't argue with Black's Law Dictionary!
1 hr
|
|
Thanks.
|
+1
3 hrs
Yvonne Gallagher
Ireland
Ireland
Native in English
Specializes in field
Ireland
right word, right place. everytime
Native in: English (Variants: US, Canadian, Irish, UK) 
Works in: French to English, Spanish to English, English, and 1 more.
Related KudoZ points
:
142
wanton or wilful misconduct
I'd use "recklessness" for dolo eventual and wilful misconduct here
http://www.californiaattorneygroup.com/wanton-and-reckless-m...
part of this...
"The categories of willful and negligent is difficult to assess. Moreover, a tort may possess both mental states. For example, this may occur when an individual with no intent to cause harm intentionally performs an act so unreasonable and dangerous that he or she knows, or should know, it is highly probable that the harm will result. The tort may be named "willful negligence," "wanton and willful negligence," "wanton and willful misconduct," OR "gross negligence." Therefore, wanton and reckless misconduct involves no intention, as does willful misconduct, to do harm. it is different from negligence in that it does involve an intention to perform an act that the actor knows harm may likely result..."
Block all allanrouben.com results
9 Apr 2010 – Courts and commentators have consistently emphasized that wilful blindness is distinct from recklessness. The emphasis bears repeating. ...
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Note added at 3 hrs (2012-01-12 00:36:08 GMT)
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sorry, meant to delete last link for wilful blindness
"wilful misconduct" is sometimes seen as a synonym for "gross negligence" as in next link
books.google.co.uk/books?isbn=9041115986...Xia Chen - 2001 - Law - 168 pages
Intention and Recklessness Generally speaking, it is extremely difficult, if not ... act or omission".91 Willful Misconduct or Gross Negligence "Willful misconduct" is ...
www.internationallawoffice.com/newsletters/detail.aspx?g......
19 Nov 2008 – The couple alleged that the airline had acted with wilful misconduct by ... the terms 'recklessness' and 'wilful misconduct', all of which required ...
http://www.californiaattorneygroup.com/wanton-and-reckless-m...
part of this...
"The categories of willful and negligent is difficult to assess. Moreover, a tort may possess both mental states. For example, this may occur when an individual with no intent to cause harm intentionally performs an act so unreasonable and dangerous that he or she knows, or should know, it is highly probable that the harm will result. The tort may be named "willful negligence," "wanton and willful negligence," "wanton and willful misconduct," OR "gross negligence." Therefore, wanton and reckless misconduct involves no intention, as does willful misconduct, to do harm. it is different from negligence in that it does involve an intention to perform an act that the actor knows harm may likely result..."
Block all allanrouben.com results
9 Apr 2010 – Courts and commentators have consistently emphasized that wilful blindness is distinct from recklessness. The emphasis bears repeating. ...
--------------------------------------------------
Note added at 3 hrs (2012-01-12 00:36:08 GMT)
--------------------------------------------------
sorry, meant to delete last link for wilful blindness
"wilful misconduct" is sometimes seen as a synonym for "gross negligence" as in next link
books.google.co.uk/books?isbn=9041115986...Xia Chen - 2001 - Law - 168 pages
Intention and Recklessness Generally speaking, it is extremely difficult, if not ... act or omission".91 Willful Misconduct or Gross Negligence "Willful misconduct" is ...
www.internationallawoffice.com/newsletters/detail.aspx?g......
19 Nov 2008 – The couple alleged that the airline had acted with wilful misconduct by ... the terms 'recklessness' and 'wilful misconduct', all of which required ...
2 days 18 hrs
foreseeability-based fault
Culpa grave is also gross negligence.
As a concept straddling recklessness and wilfulness, it might be worth going for a more literal translation.
As a concept straddling recklessness and wilfulness, it might be worth going for a more literal translation.
Example sentence:
Holmes's foreseeability-based negligence theory
Discussion
I see that you have not queried "dolo eventual". Out of curiosity, how do you propose to translate that term and do you have a jurisdiction in mind?
"En otras palabras, se trata de aquel que no tiene de arranque intencion de danar pero a sabiendas que el acto que se propone realizar tiene apitud de dano, igual lo ejecuta.