GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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05:19 Jun 21, 2001 |
English to German translations [PRO] Law/Patents - Law (general) | |||||
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| Selected response from: Petra Dr. Schmidt-Sarbutt Australia Local time: 09:23 | ||||
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Summary of answers provided | ||||
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na | ueble Nachrede ( als solche ) |
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na | verschuldensunabhaengige Verleumdung/Beleidigung |
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na | Rufmord |
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ueble Nachrede ( als solche ) Explanation: or: Verleumdung Koebler-Rechtsenglisch |
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verschuldensunabhaengige Verleumdung/Beleidigung Explanation: I am not sure, but in Dietl (Dictionary of Legal, Commercial and Political Terms) I found an explanation instead of a translation: "zum Schadensersatz verpflichtende muendliche Beleidigung unabhaengig davon, ob ein Schaden eingetreten ist". "per se" means something like "schlechthin", "von selbst", "or "automatisch". "Negligence per se" is usually rendered into as "verschuldensunabhaengige Haftung" thus I think that "verschuldensunabhaengige Beleidigung/Verleumdung/ueble Nachrede" might work. Also see: Online Civil Pattern Jury Instructions, Superior Court of Delawaree: Slander per se: "SLANDER AS A MATTER OF LAW: If a statement defames[plaintiff's name] in [his/her/its] trade, business, or profession, [he/she/it]need not show that the defamation caused actual monetary loss in order to recover damages.{Comment: Slander as a matter of law also includes defamatory statements that impugn a crime or a loathsome disease to the plaintiff or that impugn unchastity to a female plaintiff. If the alleged facts warrant, the instruction should be adapted accordingly.}http://courts.state.de.us/superior/tort law2.htm#t3 |
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Rufmord Explanation: The law also once distinguished between slander per se and slander per quod. Slander was per se if the defamatory impact was especially egregious, as when a publisher falsely stated that a person had committed a serious crime involving moral turpitude, or that a woman was unchaste. Other, less outrageous kinds of slander were per quod. The claimant in a slander per quod case was required to prove special damages in order to prevail on liability. Special damages refer to actual pecuniary harm (such as lost wages), as opposed to general damages, which cover more nebulous concepts like damage to reputation. The claimant in a slander per se case was not required to prove special damages in order to establish liability. Reference: http://www.modrall.com/articles/article_12.html |
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