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eventualvorsätzlich

English translation: with conditional intent

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:eventualvorsätzlich
English translation:with conditional intent
Entered by: Kent Hyde
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21:24 Sep 6, 2008
German to English translations [PRO]
Law/Patents - Insurance
German term or phrase: eventualvorsätzlich
I'm having trouble understanding the legal distinction between the term "eventualvorsätzlich" and "vorsätzlich" in a passage in which insurance coverage of personal injuries is excluded "soweit sie eingetreten sind, weil die Person vorsätzlich oder eventualvorsätzlich den ausdrücklichen Anweisungen zuwidergehandelt hat . . ."

This contract was written under Swiss law. Does it mean that one need not actually prove that an act was done intentionally (or deliberately) but instead only with "apparent" intent? If true, it seems that the burden of proof might be significantly less than proving that an act was deliberate or intentional ("vorsätzlich"). I haven't heard of such a concept under American law.

May I translate the phrase "vorsätzlich oder eventualvorsätzlich" as "intentionally or with apparent intent"?
Kent Hyde
United States
Local time: 13:27
with conditional intent
Explanation:
I would go with "intentionally or with conditional intent" for the term "vorsaetzlich oder eventualvorsaetzlich"
Selected response from:

Iqbal Bootwalla
Local time: 00:57
Grading comment
See comments made to Stefan.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4with conditional intent
Iqbal Bootwalla
4with indirect intent
Jon Fedler
3with eventual intentxxxhollstes


  

Answers


15 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
with conditional intent


Explanation:
I would go with "intentionally or with conditional intent" for the term "vorsaetzlich oder eventualvorsaetzlich"


    Reference: http://dict.leo.org/forum/viewUnsolvedquery.php?idThread=185...
    Reference: http://dict.leo.org/forum/viewUnsolvedquery.php?idThread=183...
Iqbal Bootwalla
Local time: 00:57
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in HindiHindi
PRO pts in category: 4
Grading comment
See comments made to Stefan.
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13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
with eventual intent


Explanation:
Another possibility.

The Latin form of this civil law term is *dolus eventualis*. Cf. Wikipedia:
http://de.wikipedia.org/wiki/Eventualvorsatz

Howard Fisher in his book *The German Legal System and Legal Language (2nd ed., 1999) translates it as *eventual intent*. Modeling it this closely on the German might be justified since it is a concept that is specific to German/Swiss law.

Otherwise you could still use the Latin to make things unmistakeably clear.

xxxhollstes
Germany
Local time: 21:27
Native speaker of: Native in GermanGerman
PRO pts in category: 4
Notes to answerer
Asker: Thanks, having the Latin is very helpful. It helped me find this treatise which distinguishes the three forms of intent under German/Austrian/Swiss law and associates the words ""conditional intent" with the Latin "dolus eventualis", so I'll go with "conditional intent": ". . .German, Austrian and Swiss law also require two components for mens rea "wissen" and "wollen". These two components form at least three different kinds of mens rea, in descending order of seriousness, absicht (intention in the strict sense), dolus indirectus (indirect intent) and bedingter vorsatz (dolus eventualis) (conditional intent)." [from Mens Rea - Mistake of Law & Mistake of Fact in German Criminal Law: A Survey for International Criminal Tribunals by Mohamed Elewa Badar, pp 3-4] http://dspace.brunel.ac.uk/bitstream/2438/1195/3/1MensReainGermanLawICLR2004%5B1%5DRevised.pdf

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14 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
with indirect intent


Explanation:
According to the Romain/Byrd Thielecke dictionary, eventualvorsatz is
' indirect intent (acceptance of a contingent result)'

Jon Fedler
Local time: 22:27
Works in field
Native speaker of: English
PRO pts in category: 34
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