Glossary entry (derived from question below)
French term or phrase:
négligence notoire
English translation:
manifest negligence
Added to glossary by
B D Finch
Sep 17, 2010 07:46
13 yrs ago
3 viewers *
French term
négligence notoire
French to English
Law/Patents
Law: Contract(s)
In a services agreement: "il garantira le Client contre tous risques de poursuites, sauf faute ou négligence notoire de sa part"
could this be gross negligence?
could this be gross negligence?
Proposed translations
(English)
3 +3 | evident negligence | B D Finch |
4 +1 | gross negligence | Sandra & Kenneth Grossman |
3 | Obvious negligence | C G Mckee |
3 -3 | notorious negligence | C G Mckee |
Change log
Sep 22, 2010 08:22: B D Finch Created KOG entry
Proposed translations
+3
26 mins
Selected
evident negligence
Notoire means that it is obvious, common knowledge or otherwise does not require to be proved (F H S Bridge)
"On January 24, 1984, said court (then named Intermediate Appellate Court) rendered a decision 7 finding as evident negligence Go's failure to notice the ..."
www.lawphil.net/judjuris/juri1991/.../gr_l_68138_1991.html -
"Some of these have been taken to court for driving offences. ... long to come forward to question the police over their evident negligence? ..."
www.thecnj.com/camden/060707/letters060707_01.html
"On January 24, 1984, said court (then named Intermediate Appellate Court) rendered a decision 7 finding as evident negligence Go's failure to notice the ..."
www.lawphil.net/judjuris/juri1991/.../gr_l_68138_1991.html -
"Some of these have been taken to court for driving offences. ... long to come forward to question the police over their evident negligence? ..."
www.thecnj.com/camden/060707/letters060707_01.html
2 KudoZ points awarded for this answer.
Comment: "i used manifest
thanks"
-3
14 mins
notorious negligence
This is sometimes used in International law to describe a specific form of negligent behaviour. Catagories of negligence are used to categorise the degree of culpability of a claimant in a given case.
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Note added at 15 mins (2010-09-17 08:01:43 GMT)
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i.e. notorious negligence as something more than a simple or contributory negligence.
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Note added at 15 mins (2010-09-17 08:01:43 GMT)
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i.e. notorious negligence as something more than a simple or contributory negligence.
Reference:
Peer comment(s):
disagree |
B D Finch
: Notorious is a faux ami. Unfortunately, your reference document is not a native-tongue English source and does also contain other linguistic errors.
4 mins
|
neutral |
Catharine Cellier-Smart
: only seems to be used (often in quotation marks) in Filipino law.
13 mins
|
disagree |
AllegroTrans
: no such notion in English legal speak
3 hrs
|
disagree |
Sally Quinn
: Notorious. D.N.E. (does not exist in this context)
5 hrs
|
2 hrs
Obvious negligence
Hey Guys, thanks for the feedback
Yes 'notorious' seems mostly used in The Phillipines.
RE: 'manifest negligence'. I can not remember coming across studying UK or French law, not to discount it at all however. However be careful, manifest connotes a degree of intent, and not just a lack of due dilegence.
This French Constitutionel court does seems to reference it, check the below link.
It does strike me as a French term however. In Jane's example, the phrase could be translated as 'misconduct or obvious negligence' (on the part of the client.) This is used in the European Commision papers for example. In the above context, this would mean that the client is not covered if there was misconduct or obvious negligence on his part.
Jane on 'gross Negligence', the Official EU translation is 'négligence grave'.
Hope this helps!
Yes 'notorious' seems mostly used in The Phillipines.
RE: 'manifest negligence'. I can not remember coming across studying UK or French law, not to discount it at all however. However be careful, manifest connotes a degree of intent, and not just a lack of due dilegence.
This French Constitutionel court does seems to reference it, check the below link.
It does strike me as a French term however. In Jane's example, the phrase could be translated as 'misconduct or obvious negligence' (on the part of the client.) This is used in the European Commision papers for example. In the above context, this would mean that the client is not covered if there was misconduct or obvious negligence on his part.
Jane on 'gross Negligence', the Official EU translation is 'négligence grave'.
Hope this helps!
Reference:
http://www.conseil-constitutionnel.fr/conseil-constitutionnel/root/bank_mm/anglais/en20102qpc.pdf
Peer comment(s):
neutral |
B D Finch
: I suggest you look up "manifest" in a good dictionary. It means evident or obvious and has nothing to do with either intent or diligence. OK. Welcome to the site.
2 hrs
|
Accepted and apologies, I should kept it neutral. I am new to the site, and did so because of the official EU translation.
|
+1
7 hrs
gross negligence
This is the usual term.
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Note added at 7 hrs (2010-09-17 15:00:45 GMT)
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Gross negligence
From Wikipedia, the free encyclopedia
Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person". By analogy, if somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being "gross".
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Note added at 7 hrs (2010-09-17 15:00:45 GMT)
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Gross negligence
From Wikipedia, the free encyclopedia
Gross negligence is a legal concept which means serious carelessness. Negligence is the opposite of diligence, or being careful. The standard of ordinary negligence is what conduct one expects from the proverbial "reasonable person". By analogy, if somebody has been grossly negligent, that means they have fallen so far below the ordinary standard of care that one can expect, to warrant the label of being "gross".
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