faute volontaire
English translation: (some help)
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| 09:19 Mar 7, 2008 |
| French to English translations [PRO] Law/Patents - Law: Contract(s) / fautes | |||||||
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|  Selected response from: ormiston Local time: 15:13 | ||||||
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| Summary of answers provided | ||||
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| 3 +1 | (some help) |
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| 4 | willful, wanton and reckless conduct |
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| 3 | deliberate fault |
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| 3 | default / wilful default |
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| Discussion entries: 4 | |
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Answers
1 hr confidence: 
deliberate fault Explanation: a guess |
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1 hr confidence:
default / wilful default Explanation: wilful neglect or default négligence ou faute volontaire R.S., c. C-40; 73(1)(b) http://www.uottawa.ca/associations/ctdj/lexfed/defa_n.htm ie through a lack of care... |
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1 hr confidence: peer agreement (net): +1
peer agreement (net): +1(some help) Explanation: tough stuff here! here is a little light on the matter, starting with the notion of 'wilful neglect' The CPS : Misconduct in public office- [ Traduire cette page ]Wilful neglect/misconduct. There must be a serious departure from proper standards before the offence is committed. Mere negligence is not enough. ... www.cps.gov.uk/legal/section22/chapter_c.html - 43k - En cache - Pages similaires -------------------------------------------------- Note added at 1 hr (2008-03-07 10:58:57 GMT) -------------------------------------------------- I would also like to offer 'deliberate misconduct' but am at a loss as to which translates which of the two French terms: 10 CFR 50.5 Deliberate misconduct.- [ Traduire cette page ](1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, ... www.nrc.gov/reading-rm/doc-collections/cfr/part050/part050-... - 16k -------------------------------------------------- Note added at 1 hr (2008-03-07 11:02:56 GMT) -------------------------------------------------- MORE HELP ! definition of 'deliberate misconduct': NeighborhoodLegalServices.Org 2. Did You Engage in Deliberate ...- [ Traduire cette page ]Deliberate misconduct is the intentional disregard of standards of behavior that the employer has a right to expect. These standards may be established by ... www.neighborhoodlaw.org/page/138506&printable=yes - 4k - En cache - Pages similaires 110.7b - Deliberate misconduct. - Code of Federal Regulations ...- DOL = fraud in my book |
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3 hrs confidence:
willful, wanton and reckless conduct Explanation: Looks to be as close as you'll get to a common-law equivalent, espcially in the context of the Ct. of Cass. quote you included. A 'faute intentionnelle' is an intentional tort, and cannot be insured against. It is an act commited with the intent of harming someone. A 'faute volontaire' on the other hand, is a deliberate act which the tortfeasor knows in is violation of established rules, i.e. rules of good conduct, professional rules, or those relating to public order. However, the act is NOT committed with the intent to harm the victim. It CAN be insured against. See those terms in Sainrapt, DICTIONNAIRE GENERAL DE L'ASSURANCE. A jealous husband who runs down his wife in the arms of her lover commits a 'faute intentionnelle' against her, but as against the bystander he runs over, he commits only a 'faute volontaire', since he doesn't intend to hurt him, but knows full well that driving down the sidewalk (or 'pavement' as it is called in the UK) is against the rules. In the opinion of the Court of Cassation you cite, 'faute volontaire' is described as 'Présente un tel caractère la **faute volontaire** de la victime d’une exceptionnelle gravité exposant sans raison valable son auteur à un danger dont il aurait dû avoir conscience.' That would clearly be wilfull, wanton and reckless conduct. The fact that it occurs in the context of contributory negligence in that opinion doesn't change this. -------------------------------------------------- Note added at 1 day1 hr (2008-03-08 11:16:49 GMT) -------------------------------------------------- Willful and wanton misconduct: (Black's Law Dictionary, 6th ed.): Conduct which is committed with an intentional or reckless disregard for the safety of others or with an intentional disregard of a duty necessary to the safety of another's property. (Compare to definition of 'faute voluntaire' from Sainrapt's above)... Failure to exercise ordinary care to prevent injury to a person who is actually known to be or reasonably expected to be within the range of a dangerous act being done...Conduct which is either intentional or committed under circumstances exhibiting a reckless disregard for the safety of others, such as a failure, after knowledge of an impending danger, to exercise ordinary care to prevent it or a failure to discover the dangers through recklessness or carelessness when it could have been discovered by the exercise of ordinary care... (citations omitted). |
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