demanderesse en garantie / défendeur en garantie

English translation: third-party plaintiff-claimant/third-party defendant

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase: demanderesse en garantie / défendeur en garantie
English translation:third-party plaintiff-claimant/third-party defendant
Entered by: Adrian MM. (X)

19:19 Jun 10, 2009
French to English translations [PRO]
Law/Patents - Law (general) / Quebec lawsuits
French term or phrase: demanderesse en garantie / défendeur en garantie
Hi,

What are the English equivalents of these terms?
The context is a lawsuit among insurance companies.
In this case, one of the companies is both défendeur AND demanderesse en garantie at the same time.

Thanks,
Damon Loomer
Local time: 21:50
third-party (corporate) plaintiff-claimant/third-party defendant
Explanation:
or plaintiff and defendant to the third-party proceedings.

It is the defenant to the pirncipal action who joins in a third-party. Hence, the name of the parties.

Garantie is shorthand for appel en garantie and has nothing to do with a warranty or insurance cover, even in this context.

The defendant joins in the third-party for 'a contribution and indemnity' to the defendant if ordered to pay a court award. Not strictly a guarantee given to the plaintiff. See my 2nd proZ discussion posting below to assignation en garantie.

The ProZ incident answer, whilst awarded 4 points, is totally misguided.

third-party plaintiff definition:
A defendant who files a pleading attempting to bring a third party into the lawsuit.

NB it is the plaintiff and not the defendant who adds a co-defendant who can also seek a contribution from the principal defendant. This is a trick Brit. Comm. etc. law finals litigation exam question. 99% of exam candidates fall into the trap and mix up a co-defendant added with a third-party joined in.
Selected response from:

Adrian MM. (X)
Local time: 02:50
Grading comment
PRen's suggestion of *Defendant and plaintiff in warranty* was equally valid, but I can't give it any points since it's only a "reference comment".

Thanks to Tom Thumb and PRen both!
4 KudoZ points were awarded for this answer



Summary of answers provided
4claimant of the guarantee/plaintiff of the guarantee
Valentina Viganò
4third-party (corporate) plaintiff-claimant/third-party defendant
Adrian MM. (X)
Summary of reference entries provided
http://csc.lexum.umontreal.ca/en/1964/1964rcs0-395/1964rcs0-395.html
PRen (X)

  

Answers


47 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
claimant of the guarantee/plaintiff of the guarantee


Explanation:
"La demande en Garantie est un acte par lequel le defendeur appelle en cause la personne contre laquelle il a un recours a exercer. "Dictionnaire Ou Manuel-Lexique Du Diplomate Et Du Consul
By Ferdinand Cussy

Valentina Viganò
Italy
Local time: 02:50
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in ItalianItalian
PRO pts in category: 8
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
third-party (corporate) plaintiff-claimant/third-party defendant


Explanation:
or plaintiff and defendant to the third-party proceedings.

It is the defenant to the pirncipal action who joins in a third-party. Hence, the name of the parties.

Garantie is shorthand for appel en garantie and has nothing to do with a warranty or insurance cover, even in this context.

The defendant joins in the third-party for 'a contribution and indemnity' to the defendant if ordered to pay a court award. Not strictly a guarantee given to the plaintiff. See my 2nd proZ discussion posting below to assignation en garantie.

The ProZ incident answer, whilst awarded 4 points, is totally misguided.

third-party plaintiff definition:
A defendant who files a pleading attempting to bring a third party into the lawsuit.

NB it is the plaintiff and not the defendant who adds a co-defendant who can also seek a contribution from the principal defendant. This is a trick Brit. Comm. etc. law finals litigation exam question. 99% of exam candidates fall into the trap and mix up a co-defendant added with a third-party joined in.


    Reference: http://www.proz.com/kudoz/french_to_english/law_general/3072...
    Reference: http://www.proz.com/kudoz/french_to_english/law_general/3292...
Adrian MM. (X)
Local time: 02:50
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858
Grading comment
PRen's suggestion of *Defendant and plaintiff in warranty* was equally valid, but I can't give it any points since it's only a "reference comment".

Thanks to Tom Thumb and PRen both!
Notes to answerer
Asker: Thanks Tom Thumb. The "third party" concept is certainly right.

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Reference comments


18 mins peer agreement (net): +2
Reference: http://csc.lexum.umontreal.ca/en/1964/1964rcs0-395/1964rcs0-395.html

Reference information:
Damon, this looks good (if the context is Canadian) - I didn't go any further to check for the French version (or if there is one), but I got defendant in warranty as a proposal in Termium, and went from there.
Paula

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Note added at 27 mins (2009-06-10 19:47:31 GMT)
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And here's one involving insurance companies
http://www.gasco.qc.ca/Jugements/20021018Lelarge.htm

Example sentence(s):
  • Defendant and plaintiff in warranty (appellant)
PRen (X)
Canada
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this reference comment (and responses from the reference poster)
agree  writeaway
4 hrs
  -> Thanks
agree  Assimina Vavoula
12 hrs
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