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du dol ou de la faute lourde de

English translation: fraud or gross negligence

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:du dol ou de la faute lourde de
English translation:fraud or gross negligence
Entered by: Adam Thomson
Options:
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13:23 Mar 6, 2004
French to English translations [PRO]
Bus/Financial - Business/Commerce (general) / Legal contract betw companies
French term or phrase: du dol ou de la faute lourde de
Part of clause in commercial contract between companies: "...ne sera en aucun cas tenu responsable de l’exécution des missions spécifiques, du dol ou de la faute lourde de tierces parties..."

In the original, the second word in the phrase, "do1" (with the numeral as the third letter) is clearly a typo. At this time in the afternoon I am not bright enough to see what phrase is being pointed to, so I would be grateful for insights - more exactly, the best English phrase for the whole here.
Adam Thomson
Local time: 01:29
fraud or gross negligence
Explanation:
dol = fraud Larousse Fr/En
faute lourde = gross negligence Routledge Fr/En Business
Selected response from:

Tom Bishop
Local time: 01:29
Grading comment
Yes - fraud/gross neg fits perfectly. Thanks to Tom - but thanks to all for your contributions
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4fraud or gross negligence
Tom Bishop
4fraud or serious offence
Simon Mountifield
3fraudulent misrepresentation or serious misconduct by third partiesxxxKirstyMacC
2 -1don?
Jonathan MacKerron


  

Answers


6 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): -1
don?


Explanation:
bof...

Jonathan MacKerron
Native speaker of: Native in EnglishEnglish
PRO pts in category: 20

Peer comments on this answer (and responses from the answerer)
disagree  Hacene: dol, same root as in doléance
28 mins
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11 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
fraud or gross negligence


Explanation:
dol = fraud Larousse Fr/En
faute lourde = gross negligence Routledge Fr/En Business

Tom Bishop
Local time: 01:29
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 38
Grading comment
Yes - fraud/gross neg fits perfectly. Thanks to Tom - but thanks to all for your contributions

Peer comments on this answer (and responses from the answerer)
agree  lenkl: "dol" can also be translated as "misrepresentation"
6 mins
  -> Thanks

agree  Hacene: too fast for me. lol. nice 1
24 mins
  -> Thanks Hacène.

agree  Vicky Papaprodromou
1 hr
  -> Thanks Vicky

agree  cheungmo
3 hrs
  -> Thanks
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16 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
fraud or serious offence


Explanation:
for the whole sentence, maybe something like:
...shall on no account be held responsible for the execution of specific missions by third parties or any fault or serious offence attributed to the same.

Simon Mountifield
Local time: 02:29
Works in field
Native speaker of: English
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
neutral  Hacene: it cannot be "offence" in this context. "Faute" in matter of law in not "crime".; so we agree then lol
20 mins
  -> Offence in English doesn't necessarily mean a crime - it also refers to a breach or violation of a rule, etc. Having said that and in hindsight, I prefer Tom's "negligence"...
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6 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
fraudulent misrepresentation or serious misconduct by third parties


Explanation:
... 'shall in no case be held liable for the completion of specific assignments/ briefs, nor for ...'.

'Fraud' straddles civil and criminal Eng. law and requires a v. high standard of proof in GB before it can be alleged. Negligent mis-statement is a civil wrong i.e. 'tort'.

It's also defined in the French CIVIL Code as 'manoeuvres frauduleuess pratiquees par une partie a un acte, pour tromper l'autre partie en vue de obtenir son consentement...': Le Droit de A a Z.

I'll leave the serious misconduct as an arguable alt. to gross neg.



xxxKirstyMacC
Local time: 01:29
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
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