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过错/过失

English translation: fault/negligence

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Chinese term or phrase:过错/过失
English translation:fault/negligence
Entered by: PML
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08:28 Mar 1, 2002
Chinese to English translations [PRO]
Law/Patents
Chinese term or phrase: 过错/过失
Legal context, of course.
is it
过错 error
过失 negligence?

Is any of these terms carrying the idea of fault, i.e. do it on purpose?

Thanks,
Paolo
PML
Local time: 06:47
過錯 fault; 過失 negligence
Explanation:
To translate these two legal terms, we have to study first what are their precise definitions in Chinese law. We know that both are terms in the law of torts (侵權行為), and both refer to the "state of the mind" of the tortfeasor (侵權行為人)at the time of committing the act. The difference between 過錯 and 過失 is clearly explained in 何海源《相似易混法律詞語辨析》(2000,吉林人民出版社):"過錯可分為故意和過失兩種形式。故意是指行為人明知自己的行為可能造成損害後果而仍然希望或放任這種結果發生的心理狀態。過失是指行為人應當預見行為會發生不良後果而沒有預見,或者雖預見而輕信不會發生的心理狀態"。Thus, 過錯 is a broader term than 過失, and includes the latter.

Now let us see the definitions of the above English terms.

Fault: Fault and negligence are the usual bases for liability in the law of torts. Sometimes when "fault" is used in legal contexts it includes negligence, sometimes it is considered synonymous with "negligence," and sometimes it is distinguished from "negligence." (Merriam-Webster Dictionary of Law,1996).

Negligence: Negligence is conduct which falls below the standard established by law for the protection of other against unreasonable risk of harm. To nonlawyers, "negligence" imports the absence of carefulness as a state of mind. the root word "neglect" implied forgetfulness or inattentiveness.... In this sense, negligence and moral fault coincide. (Edward J. Kionka, "Torts in A Nutshell" (1992, West Publishing Co.)

What about other common law terms that appear to have similar meaning? Let's take a look at these terms as defined in Black's Law Dictionary:

Wrong: It usually signified injury to a person, property....(Injury is the result of the act, not the state of mind of the person committing the act.)

Wrongful act: Term is occasionally equated to term "negligence," but generally has been considered more comprehensive term, including criminal, wilfull, wanton, reckless....(Term is too broad for 過錯 or 過失)

Misconduct: A transgression of some esablished and definite rule of action, ...unlawfull behavior, willful in character...but not negligence or carelesssness. (This term is close to the narrow sense of
過錯, i.e.an intentional wrong doing)

Guess I've said enough.


Selected response from:

Raymond Chu
Taiwan
Local time: 12:47
Grading comment
Thanks a lot to everyone.
The list of terms you gave, Li Bin, was also very useful, I appreciate it.
Paolo

4 KudoZ points were awarded for this answer

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Summary of answers provided
5過錯 fault; 過失 negligenceRaymond Chu
4 +1过错:delictum (Latin); Fault, Wrong; Tort. 过失:culpa (Latin); Negligence, demerit, fault, miscondLibin PhD
4negligence should be the one with purposeYang JS
4 -1mistake/negligence
Marta Argat


Discussion entries: 1





  

Answers


13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
过错:delictum (Latin); Fault, Wrong; Tort. 过失:culpa (Latin); Negligence, demerit, fault, miscond


Explanation:
过错:delictum (Latin); Fault, Wrong; Tort.
过失:culpa (Latin); Negligence, demerit, fault, misconduct, misfeasance, mistake.

过失的过错:negligent wrong
过时的侵权行为:tort of begligence
被害人本身的过失:contributory negligence
后发过失:supervening negligence

过错责任:liability for wrongs, tort liability
过错方:tort-feasor,wrongdoer

Hope one of them helps.

--------------------------------------------------
Note added at 2002-03-01 08:43:37 (GMT)
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过时应为过失

--------------------------------------------------
Note added at 2002-03-01 08:50:36 (GMT)
--------------------------------------------------

whether there is any wrongdoing on the part of the bank in the collection of this case.

You can probably use several comparable sentences to say this.

--------------------------------------------------
Note added at 2002-03-01 08:54:21 (GMT)
--------------------------------------------------

Sorry, begligence should be negligence. They should give us a little text input space.


Libin PhD
Native speaker of: Native in ChineseChinese
PRO pts in pair: 326

Peer comments on this answer (and responses from the answerer)
agree  Marta Argat
5 mins
Login to enter a peer comment (or grade)

18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
mistake/negligence


Explanation:
Ciba explains the second word as 因疏忽而犯的错误
while guocuo is just a "mistake"

--------------------------------------------------
Note added at 2002-03-01 08:49:18 (GMT)
--------------------------------------------------

posting my answer haven\'t seen Bin Li\'s enciclopedic explanation

Marta Argat
Local time: 07:47
Native speaker of: Native in RussianRussian, Native in UkrainianUkrainian

Peer comments on this answer (and responses from the answerer)
disagree  Raymond Chu: Mistake is a contract law term meaning error.
9 hrs
Login to enter a peer comment (or grade)

9 hrs   confidence: Answerer confidence 5/5
過錯 fault; 過失 negligence


Explanation:
To translate these two legal terms, we have to study first what are their precise definitions in Chinese law. We know that both are terms in the law of torts (侵權行為), and both refer to the "state of the mind" of the tortfeasor (侵權行為人)at the time of committing the act. The difference between 過錯 and 過失 is clearly explained in 何海源《相似易混法律詞語辨析》(2000,吉林人民出版社):"過錯可分為故意和過失兩種形式。故意是指行為人明知自己的行為可能造成損害後果而仍然希望或放任這種結果發生的心理狀態。過失是指行為人應當預見行為會發生不良後果而沒有預見,或者雖預見而輕信不會發生的心理狀態"。Thus, 過錯 is a broader term than 過失, and includes the latter.

Now let us see the definitions of the above English terms.

Fault: Fault and negligence are the usual bases for liability in the law of torts. Sometimes when "fault" is used in legal contexts it includes negligence, sometimes it is considered synonymous with "negligence," and sometimes it is distinguished from "negligence." (Merriam-Webster Dictionary of Law,1996).

Negligence: Negligence is conduct which falls below the standard established by law for the protection of other against unreasonable risk of harm. To nonlawyers, "negligence" imports the absence of carefulness as a state of mind. the root word "neglect" implied forgetfulness or inattentiveness.... In this sense, negligence and moral fault coincide. (Edward J. Kionka, "Torts in A Nutshell" (1992, West Publishing Co.)

What about other common law terms that appear to have similar meaning? Let's take a look at these terms as defined in Black's Law Dictionary:

Wrong: It usually signified injury to a person, property....(Injury is the result of the act, not the state of mind of the person committing the act.)

Wrongful act: Term is occasionally equated to term "negligence," but generally has been considered more comprehensive term, including criminal, wilfull, wanton, reckless....(Term is too broad for 過錯 or 過失)

Misconduct: A transgression of some esablished and definite rule of action, ...unlawfull behavior, willful in character...but not negligence or carelesssness. (This term is close to the narrow sense of
過錯, i.e.an intentional wrong doing)

Guess I've said enough.




Raymond Chu
Taiwan
Local time: 12:47
PRO pts in pair: 161
Grading comment
Thanks a lot to everyone.
The list of terms you gave, Li Bin, was also very useful, I appreciate it.
Paolo
Login to enter a peer comment (or grade)

1 day3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
negligence should be the one with purpose


Explanation:
For my understanding, negligence is lack of carefulness which will end in an error.

For legal context, you are right there as the cross-cultural coding in each language.

Yang JS
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