Apr 14, 2019 16:26
5 yrs ago
3 viewers *
German term
United States
Sandy Jones Translations
Native in: German 
, English
Works in: German to English, English to German
Haftungsausfüllung
German to English
Law/Patents
Law: Contract(s)
I am translating arbitration proceedings that deal with Haftungsausfüllung and Haftungsbegründung. This pertains ultimately to compensation for damage.
I think Haftungsbegründung is causation, but what does Haftungsausfüllung mean?
I think Haftungsbegründung is causation, but what does Haftungsausfüllung mean?
Proposed translations
(English)
| 3 +2 | scope of liability |
Michael Martin, MA
|
| 4 | extent of liability |
Daniel Arnold (X)
|
| 3 | liability for incidental or consequential loss (caused by an accident) |
Adrian MM.
|
Proposed translations
+2
33 mins
Michael Martin, MA
United States
United States
Native in German
&
English
Specializes in field
United States
Creativity wins in the long run
Native in: German (Variant: Germany) , English (Variant: US)
Works in: German to English
Related KudoZ points
:
245
Selected
scope of liability
I found 3 possible translations:
1. scope of liability
"That notion remains significant, whether it is seen as a part of adequate causation or as a separate heading of imputability [references omitted]. It is also established that this notion can be relevant not only — as in most cases — to determine the scope of liability (Haftungsausfüllung), but also earlier on to establish liability (Haftungsbegründung) [references omitted]."
http://www.casebooks.eu/documents/tortLaw/heading4.3.3.pdf
2. extent of liability
"For the reviewer it remains unclear whether the distinction between “foundation of liability” (Haftungsgrund) and “extent of liability” (Haftungsausfüllung) — which is well known as having developed into the most decisive distinction in German tort law - is retained." https://books.google.com/books?id=1Y1jew28_vQC&pg=PA606&lpg=...
3. consequences of liability
"The Act follows the BGB's model of law of delict with its distinction of 'grounds for liability' (Haftungsgrund) and 'consequences of liability' (Haftungsausfüllung)." https://books.google.com/books?id=pLAMlcJpEUMC&pg=PA183&lpg=...
1. scope of liability
"That notion remains significant, whether it is seen as a part of adequate causation or as a separate heading of imputability [references omitted]. It is also established that this notion can be relevant not only — as in most cases — to determine the scope of liability (Haftungsausfüllung), but also earlier on to establish liability (Haftungsbegründung) [references omitted]."
http://www.casebooks.eu/documents/tortLaw/heading4.3.3.pdf
2. extent of liability
"For the reviewer it remains unclear whether the distinction between “foundation of liability” (Haftungsgrund) and “extent of liability” (Haftungsausfüllung) — which is well known as having developed into the most decisive distinction in German tort law - is retained." https://books.google.com/books?id=1Y1jew28_vQC&pg=PA606&lpg=...
3. consequences of liability
"The Act follows the BGB's model of law of delict with its distinction of 'grounds for liability' (Haftungsgrund) and 'consequences of liability' (Haftungsausfüllung)." https://books.google.com/books?id=pLAMlcJpEUMC&pg=PA183&lpg=...
Peer comment(s):
| agree |
Adrian MM.
: - with explanation no. 3 - that happens to dovetail with my answer.
2 hrs
|
| agree |
AllegroTrans
2 days 4 hrs
|
| neutral |
Daniel Arnold (X)
: i think you mean the same but it should be extent rather than scope
5 days
|
4 KudoZ points awarded for this answer.
Comment: "Selected automatically based on peer agreement."
52 mins
Adrian MM.
Austria
Austria
Native in English
Specializes in field
Austria
Retd.T&I, Barrister & Austro-Advokat
Native in: English (Variants: British, Scottish)
Works in: Spanish to English, English to Spanish, French to English, and 5 more.
Related KudoZ points
:
42
liability for incidental or consequential loss (caused by an accident)
haftungsbegründende Kausalität (K) - causation of first-stage, direct loss or damage
haftungsausfüllende K. - second-stage liability for consequential loss > 'die K. zwischen Verletzung und Schaden (z.. Körperverletzung > Heilungskosten bzw. Verdienstausfall (loss of earnings)'
haftungsausfüllende K. - second-stage liability for consequential loss > 'die K. zwischen Verletzung und Schaden (z.. Körperverletzung > Heilungskosten bzw. Verdienstausfall (loss of earnings)'
Example sentence:
Under German law, special or consequential damages, as defined in the US context,will not becompensated,but consequential damages are considered as direct damages (NB the plural AmE form of damage, meaning types of and not compensation).
Peer comment(s):
| neutral |
AllegroTrans
: this may well be implied but it's over-translation
2 days 4 hrs
|
5 days
Daniel Arnold (X)
Australia
Native in German
&
English
Specializes in field
Related KudoZ points
:
32
extent of liability
see links
the "Haftungsbegründung" is the causality issue, while the "H...ausfüllung" means the extent of liability that is to be borne in relation to the cause of liability. It is a very German legal construct that does not have an equivalent in anglo law. There are some references suggesting "remoteness of liability" with fair enough reason, I would examine if that fits your context but most likely not, if not I would go for "extent of liability".
the "Haftungsbegründung" is the causality issue, while the "H...ausfüllung" means the extent of liability that is to be borne in relation to the cause of liability. It is a very German legal construct that does not have an equivalent in anglo law. There are some references suggesting "remoteness of liability" with fair enough reason, I would examine if that fits your context but most likely not, if not I would go for "extent of liability".
Discussion
https://www.hemmer-shop.de/produkt_pdf/SchadensersatzR_III.p...
In short, and I quote:
"Sobald es um solche Probleme des Schadensumfangs, also der
Haftungsausfüllung, geht, sind die Regelungen der §§ 249 ff. BGB
einschlägig."
See also the example at the bottom of p. 1. Section 249 here: https://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb...
I don't understand why this would be a very German idea but OK. See:
"Their approach necessarily presupposes a federal measure of compensatory damages, while the FTCA expressly requires courts to
determine the extent of damages using state law."
https://core.ac.uk/download/pdf/73967527.pdf
"The ‘eggshell skull rule’ states that where some physical harm/damage to
the claimant is reasonably foreseeable as a result of the defendant’s
breach of duty of care, the defendant is responsible for whole extent of the
claimant’s harm/damage even though this was not foreseeable"
https://www.cilex.org.uk/~/media/pdf_documents/main_cilex/ed...