Glossary entry

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?
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

Peer comment(s):

agree cmwilliams (X) : or perhaps 'manifest negligence'.
7 mins
Thanks CMW. I think I prefer your suggestion as it is more formal.
agree Tony M : And I like cmw's manifest'
20 mins
Thanks Tony.
agree GeoS
1 hr
Thanks GeoS
neutral writeaway : be careful with Bridges. it's not always accurate. manifest is the term. cmwilliams should post it as an answer
5 hrs
The (freely ad-libbed) Bridges ref. was about the meaning of notoire, rather than to support the suggested wording. I'll agree with cmw if s/he posts "manifest negligence".
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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.
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
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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!
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.
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+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".
Peer comment(s):

agree Yolanda Broad
8 days
Thanks!
Something went wrong...
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