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ne saurait être engagée

English translation: cannot be held liable for

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:ne saurait être engagée
English translation:cannot be held liable for
Entered by: Maya Jurt
Options:
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21:20 Oct 16, 2001
French to English translations [PRO]
Bus/Financial
French term or phrase: ne saurait être engagée
La responsabilité de la Societe xxxx
ou de toute personne ne saurait être engagée suite à un quelconque dommage direct ou indirect
BOB DE DENUS
Local time: 16:44
special construction meaning "cannot"
Explanation:
NE SAURAIT :
"saurait" is the third person conditional of the modal "savoir" and when used with "ne" alone, it has a special meaning. Rather than having anything to do with its usual meaning of "know", its meaning in this form is "to be able". Therefore, "la responsabilité de ... ne saurait être engagée" means "cannot be held liable for...".

Source : A Comprehensive French Grammar, L.S.R. Byrne & E.L. Churchill, revised/rewritten by Glanville Price, 4th edition, Blackwell's. (ISBN : 0-631-18164-4)

" In medieval French, "ne" was frequently used on its own... to negate a verb. There are relics of this in modern French, falling into three categories, viz.:
- fixed expressions and proverbs
- constrcutions in which "ne" is a literary alternative to "ne...pas"
- cosntructions in which "ne" is superfluous (and where English has no negative at all)."

Your example is cited in the second category :

A few constructions that can vary slightly in respect of their subject and/or tense and/or complement, and mainly involving one or other of the verbs 'avoir' and 'être'.

DOMMAGE :

Translate as "damage" or "loss", never as "damages" as to an English audience, this means compensation, what the French refer to as "dommages & intérêts".


Suggested translation :

Neither Company XXX nor any other person shall* be held liable** in the event of any direct or consequential*** loss****.


* "shall" just sounds more natural than "can" (It is pretty impossible to exclude liability in tort (negligence) anyway and if the liability here is contractual, then it may still be considered unreasonable or even unfair.

** "liable" to be preferred to "responsible". English law refers to liability rather than responsibility in such cases.

*** "consequential" is the more liekly term here, although "indirect" cannot be excluded

**** It is more common to refer to "loss" than "damage", even though the original has not used "perte" - although again it depends on context.
Selected response from:

Nikki Scott-Despaigne
Local time: 07:44
Grading comment
What more could I say but Thank you.

4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +6special construction meaning "cannot"
Nikki Scott-Despaigne
4 +3... turn it around ...
Mary Worby
4... or any other person known to be involved ....BernieM
4 -1The Company XXX or any other person would not be responsible for
Gilda Manara


  

Answers


51 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
The Company XXX or any other person would not be responsible for


Explanation:
direct or indirect consequences of damages

personal interpretation

Gilda Manara
Italy
Local time: 07:44
Native speaker of: Native in ItalianItalian
PRO pts in pair: 20

Peer comments on this answer (and responses from the answerer)
disagree  Nikki Scott-Despaigne: Erroneous understanding of the construction ; erroneous use of the word "damages", which means compensation when plural.
1 hr
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
... or any other person known to be involved ....


Explanation:
I'm not too sure about this one - so please watch carefully for others' opinions!

BernieM
Hong Kong
Local time: 14:44
PRO pts in pair: 244
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
... turn it around ...


Explanation:
Company xxx or any other person cannot be held responsible/liable for any damage either direct or indirect.

HTH

Mary




    experience
Mary Worby
United Kingdom
Local time: 06:44
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 484

Peer comments on this answer (and responses from the answerer)
agree  BernieM: Now thata sounds much better!
0 min
  -> Thanks, Bernie!

agree  Nikki Scott-Despaigne: Correct understanding of the construction's meaning. I'd recommend 1 or 2 changes on terms though.
1 hr

agree  Helen D. Elliot
3 hrs
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2 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +6
special construction meaning "cannot"


Explanation:
NE SAURAIT :
"saurait" is the third person conditional of the modal "savoir" and when used with "ne" alone, it has a special meaning. Rather than having anything to do with its usual meaning of "know", its meaning in this form is "to be able". Therefore, "la responsabilité de ... ne saurait être engagée" means "cannot be held liable for...".

Source : A Comprehensive French Grammar, L.S.R. Byrne & E.L. Churchill, revised/rewritten by Glanville Price, 4th edition, Blackwell's. (ISBN : 0-631-18164-4)

" In medieval French, "ne" was frequently used on its own... to negate a verb. There are relics of this in modern French, falling into three categories, viz.:
- fixed expressions and proverbs
- constrcutions in which "ne" is a literary alternative to "ne...pas"
- cosntructions in which "ne" is superfluous (and where English has no negative at all)."

Your example is cited in the second category :

A few constructions that can vary slightly in respect of their subject and/or tense and/or complement, and mainly involving one or other of the verbs 'avoir' and 'être'.

DOMMAGE :

Translate as "damage" or "loss", never as "damages" as to an English audience, this means compensation, what the French refer to as "dommages & intérêts".


Suggested translation :

Neither Company XXX nor any other person shall* be held liable** in the event of any direct or consequential*** loss****.


* "shall" just sounds more natural than "can" (It is pretty impossible to exclude liability in tort (negligence) anyway and if the liability here is contractual, then it may still be considered unreasonable or even unfair.

** "liable" to be preferred to "responsible". English law refers to liability rather than responsibility in such cases.

*** "consequential" is the more liekly term here, although "indirect" cannot be excluded

**** It is more common to refer to "loss" than "damage", even though the original has not used "perte" - although again it depends on context.


    Law degree, trained as solicitor, professional experience, personal dicos as indicated
Nikki Scott-Despaigne
Local time: 07:44
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4431
Grading comment
What more could I say but Thank you.

Peer comments on this answer (and responses from the answerer)
agree  BernieM: Excellent answer - if only I could give you some Kudoz points!
9 mins

agree  Mary Worby: OK - I'll go along with all that!!
11 mins

agree  mckinnc
23 mins

agree  Helen D. Elliot
1 hr

agree  Germaine A Hoston: Excellent
3 hrs

agree  Anna Beria: Look no more!
5 hrs
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