Apr 20, 2015 08:12
9 yrs ago
4 viewers *
French term

Discussion

ainichi (asker) Apr 20, 2015:
the full sentence: Ainsi, en vertu de ces principes, la Cour de cassation a toujours écarté la causalité dans des hypothèses où il était établi que, sans le fait reproché au prétendu responsable, le même dommage aurait pu se produire
Tony M Apr 20, 2015:
Context In order to help you properly, please explain the wider context more fully, and be sure to give the entire sentence or paragraph in which this phrase appears.
kashew Apr 20, 2015:
More context please! Before and after...

Proposed translations

+2
2 hrs
Selected

even in the absence of the matters alleged against the apparent tortfeasor (civil)/accused (crim.)

.
Peer comment(s):

agree Tony M
2 hrs
thanks TM
agree Ghyslaine LE NAGARD
5 hrs
merci
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
-1
48 mins

in the absence of the act alleged against the accused

The same harm could have occurred in the absence of the act alleged against the accused.

caselaw.echr.globe24h.com/.../ekimdjiev-v-bulgaria-68532-47092-99.sh...
" ... applicant's case: discontinuation of criminal proceedings because the act alleged against the accused does not constitute a criminal offence."

https://books.google.co.uk/books?isbn=0702118125
Anthony S. Mathews - 1986 - ‎Afrique du Sud - Politique et gouvernement - 1948-1961
"As in the case of terrorism, proof that the act alleged against the accused in the charge resulted in, or was likely to have ... "

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Note added at 48 mins (2015-04-20 09:01:12 GMT)
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Sorry about all the "A"s!

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Note added at 1 hr (2015-04-20 09:35:23 GMT)
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Of course, depending upon the case in question, it might be the defendant (civil) or respondant(matrimonial), rather than the "accused".
Peer comment(s):

neutral writeaway : your ref doesn't work. This should: http://caselaw.echr.globe24h.com/0/0/bulgaria/2005/03/03/eki...
59 mins
Thanks, yes that does work.
disagree Daryo : about the "accused" bit
1 hr
Why? See my note about alternatives if it is a civil or matrimonial case. This might be a criminal case if the product defect had serious consequences.
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1 hr

without the charge against the alleged perpetrator

without, or excluding, or ignoring (putting aside)
Not at all my terrain but couldn't resist a shot at it.
Peer comment(s):

neutral B D Finch : It's not "without the charge", but if whatever they are alleged to have perpetrated had not occurred.
26 mins
neutral AllegroTrans : you are assuming this is a criminal case? What if it is a civil claim?
28 mins
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2 hrs

notwithstanding the offence in respect with which the accused is charged

...notwithstanding the offence in respect with which the accused is charged, the same damage could have occurred.
Peer comment(s):

neutral Tony M : Again, the use of 'offence' appears to imply over-interpretation of this as a criminal case.
1 hr
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3 hrs

but for the defendant's conduct

Courts analyze this issue by determining whether the plaintiff's injury would have occurred "but for" the defendant's conduct. If an injury would have occurred independent of the defendant's conduct, cause in fact has not been established, and no tort has been committed.
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