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haftungsbegründend

English translation: proximate cause

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:haftungsbegründende Kausalität
English translation:proximate cause
Entered by: Chris Rowson
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21:14 Mar 4, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: haftungsbegründend
"Es handelt sich um die sogenannte haftungsbegründende Kausalität, für die der "Vollbeweis" zu führen ist." Report to the German courts.
Chris Rowson
Local time: 02:32
relation [(causal) connection] between cause and effect
Explanation:
Your two queries, haftungsbegründend and haftungsausfüllend, should be dealt with together, as they are two components of the same concept. Anyway, haftungsbegründend being the logical starting point, this is what I'll try to explain first.

haftungsbegründende Kausalität (= Kausalität zwischen Handlung und Erfolg) is the relationship between cause and effect, whereas haftungsausfüllend refers to the relationship between "Erfolg und Schaden", i.e. effect and damage. In many cases, effect equals damage, but not always. This distinction between haftungsbegründend and haftungsausfüllend is drawn by the jurisprudence in order to restrict liability to damage that is reasonbly foreseeable, as opposed to damage that - looking at the chain of events/causation - originates from the same event, but cannot be fairly or justly attributed to the person who committed the original act.

Btw: Dietl/Lorenz also offers "causation", "causal connection (or relationship)"; "chain of causation" and "cause-and-effect link" for Kausalität and Kausalzusammenhang.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 12:32
Grading comment
I went for "proximate cause" and "contributory cause", which I found to be the English form, but Darien´s explanation also helped a lot, so one each from this question pair.
Thanks!!!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5How about:xxxbrute
5proximate cause
Dr. Fred Thomson
5relation [(causal) connection] between cause and effectBeate Lutzebaeck


  

Answers


1 hr   confidence: Answerer confidence 5/5
relation [(causal) connection] between cause and effect


Explanation:
Your two queries, haftungsbegründend and haftungsausfüllend, should be dealt with together, as they are two components of the same concept. Anyway, haftungsbegründend being the logical starting point, this is what I'll try to explain first.

haftungsbegründende Kausalität (= Kausalität zwischen Handlung und Erfolg) is the relationship between cause and effect, whereas haftungsausfüllend refers to the relationship between "Erfolg und Schaden", i.e. effect and damage. In many cases, effect equals damage, but not always. This distinction between haftungsbegründend and haftungsausfüllend is drawn by the jurisprudence in order to restrict liability to damage that is reasonbly foreseeable, as opposed to damage that - looking at the chain of events/causation - originates from the same event, but cannot be fairly or justly attributed to the person who committed the original act.

Btw: Dietl/Lorenz also offers "causation", "causal connection (or relationship)"; "chain of causation" and "cause-and-effect link" for Kausalität and Kausalzusammenhang.


    Prof. exp. as German/NZ lawyer
Beate Lutzebaeck
New Zealand
Local time: 12:32
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in pair: 2079
Grading comment
I went for "proximate cause" and "contributory cause", which I found to be the English form, but Darien´s explanation also helped a lot, so one each from this question pair.
Thanks!!!
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 5/5
proximate cause


Explanation:
In the United States this is the term we use for haftungsbegruendende Kausalitaet.
It means that act caused the event, i.e, that nothing intevened between the act and event.
Black's law dictionary states it as follows: Proximate cause is that whichm in a natural and continuous sequence,unbroken by any efficient intervening cause, produces injury (damage) and without which the result would not have occurre.
Also, that which is nearest in the order of responsible causation.
On other words, other things may have contributed in some way, but the "proximate cause" the ent (inury, damage, whatever) would not hae happened.

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Note added at 2002-03-05 00:48:09 (GMT)
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My arthritic fingers somtimes refuse to strike the keys evenly, if at all. Sorry.

Dr. Fred Thomson
United States
Local time: 18:32
Native speaker of: English
PRO pts in pair: 5861
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12 hrs   confidence: Answerer confidence 5/5
How about:


Explanation:
"causality based liability".

xxxbrute
PRO pts in pair: 255
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