17:45 Apr 5, 2004 |
French to English translations [PRO] Law/Patents - Law (general) | |||||||
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| Selected response from: Peter Freckleton Australia Local time: 17:31 | ||||||
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Summary of answers provided | ||||
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3 | liability of persons for things under their control |
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2 | product liability / negligent use |
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Discussion entries: 1 | |
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liability of persons for things under their control Explanation: A little complicated. As your text says, there are two notions implied in "garde de la chose", one being "garde du comportement" and which could be translated as liability of persons for the use made of something in their custody (or under their control) and the other being "garde de la structure" which refers to the liability of persons for the contents or nature of something in their custody or under their control. I think that some European sources may use the terms "custody of structure" but I wouldn't do so without an explanation. |
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product liability / negligent use Explanation: You may have to change perspective - this doctrine seems to be specifically French, judge-made law based on an article in the Code Civil. For instance, a manufacturer being "custodian" or the person controlling a product makes no sense in common law, once the thing has been released into other hands. The distinction appears to correspond roughly to that between liability for a defective product and liability for use of the product, e.g. negligent use of a motor vehicle causing injury (resembling "garde du comportement"). In the latter case, "control" is a relevant term. |
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