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Serienschaden, Enthaftung

English translation: depends on context

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19:07 Jun 24, 2001
German to English translations [PRO]
Law/Patents
German term or phrase: Serienschaden, Enthaftung
What are the standard terms in English? In a public liability insurance policy referring to several offences, which together cause damage; the release of the insured party from liability. Thanks in advance!
Natalie Grassmann
Italy
Local time: 21:58
English translation:depends on context
Explanation:
First off, let me point out that I have no legal training, and am also not in the insurance business.
The question I would like to point out with the suggested translations lies in the meaning of concurrent and whether the text refers to the cause (act) or the effect (damages).

The following definitions in West's Law & Commercial Dictionary in Five Languages may be of some help:

Concurrent causes (Mitursache): causes acting contemporaneously and together causing injury, which would not have resulted in absence of either. Two distinct causes operating at the same time to produce a given result, which might be produced by either, are "concurrent causes"; but two distinct causes, successive and unrelated in an operation, cannot be concurring, and one will be regarded as the proximate and efficient and responsible cause, and the other will be regarded as the remote cause.

Successive (nochfolgend, sukzessiv) following one after another in a line or series.

Consecutive (nacheinanderfolgend, aufeinanderfolgend, zusammenhängend) Successive; succeeding one another in regular order; to follow in uninterrupted succession.

Contributing cause (mitverursachende Umstände) Generic term used to describe any factor which contributes to a result, though its causal nexus may not be immediate.


Proximate damages (Ersatz des nächstursächlichen/unmittelbaren Schadens) Proximate damages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected. Remote damages are those attributable immediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have occurred if its elements had not been set in motion by the original act or event.


The following websites show the use of the term "concurrent wrongs."

http://193.120.124.98/ZZA41Y1961S16.html
Where damage is suffered by any person as a result of concurrent wrongs, satisfaction by any wrongdoer shall discharge the others whether such others have been sued to judgment or not.

http://www.churchlegal.com/eron/d-990413.htm
The chambers judge, Southin J., struck out the third party notice on the basis that the alleged wrongs of the architect and the lawyer were consecutive, not concurrent, wrongs.

To me, the term Serienschaden would relate to the damage or injury (Schaden); whereas the term wrong would refer to the act or event that caused the damage or injury.

I hope this helped!

Selected response from:

Beth Kantus
United States
Local time: 15:58
Grading comment
Thank you for adding a note of worthiness to this back-biting orgy! From your answer I was able to judge which meaning would have fit best. Unfortunately by this point I had already submitted the text with a more neutral answer - c'est la vie!
4 KudoZ points were awarded for this answer

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Summary of answers provided
na +3depends on contextBeth Kantus
na +3concurrent wrongs, release from liability
DPS
naconcurrent wrongs
DPS
naad ) concurrent wrongsxxxeurotransl
narecurrent claims ...xxxeurotransl
na -1concurrent wrongs
DPS


  

Answers


6 mins
recurrent claims ...


Explanation:
...well,

Serienschaden can be "recurrent claims", "series of accidents" or, perhaps, "batch clause" (depending on your exact context).

Enthaftung is nothing else but "release from liability"


    Dictionary of Insurance Terms - Nickel, Fortmann
xxxeurotransl
PRO pts in pair: 85
Grading comment
no points anywhere due to back-biting

Peer comments on this answer (and responses from the answerer)
agree  gangels
  -> Thank you very much.

disagree  Bohlen: No, this is not the right translation for this phrase.
9 hrs
  -> unqualified remark

agree  xxxPeter Manda: actually it is the translation ...
2592 days

disagree  Kim Metzger: Recurrent - occurring repeatedly. Serienschaden - Several insured events occurring from the same cause. Series of losses.
3012 days
Login to enter a peer comment (or grade)
The asker has declined this answer
Comment: no points anywhere due to back-biting

1 hr peer agreement (net): +3
concurrent wrongs, release from liability


Explanation:
"Serienschaden" in the sense you have described is correctly translated as "concurrent wrongs".
It's a technical term also often used in torts law.
Enhaftung = release from liability.




    experience (lawyer)
DPS
Australia
Local time: 07:58
Native speaker of: Native in GermanGerman
PRO pts in pair: 56
Grading comment
no points anywhere - back biting!

Peer comments on this answer (and responses from the answerer)
agree  gangels

disagree  xxxeurotransl: with 'concurrent wrongs' - no source or reference provided
38 mins

agree  xxxAlamoThom: no source or reference needed.
3 hrs

agree  arabin: I have had this problem before. Although I chose a different translation at the time, this one seems to be right.
4 hrs

agree  Bohlen
7 hrs
Login to enter a peer comment (or grade)
The asker has declined this answer
Comment: no points anywhere - back biting!

2 hrs
ad ) concurrent wrongs


Explanation:
"concurrent wrongs" is absolutely wrong. As Dr Schmidt points out, it is a term used in torts; in the insurance sector, you do not speak of "wrongs" (it also sounds too much like moralizing - and any good lawyer should know better than that!).

With insurance, you have damage, accidents, negligence, omission, etc., but not "wrongs".

The proper (and verified) translation for Serienschaden is "recurrent claims" - however, check your full context: if they refer to the clause, it would be "batch clause".

xxxeurotransl
PRO pts in pair: 85
Grading comment
no points anywhere - back biting!

Peer comments on this answer (and responses from the answerer)
disagree  Kim Metzger: He that overvalues himself will undervalue others - Dr Johnson
9 hrs
  -> unqualified remark - as a grader you can agree/disagree with the answer/explanation given, not with the answerer!!

agree  xxxPeter Manda: another incident where I find metzger wrong, selection wrong, and dissed participant correct ... >shrugging shoulders< character shows ...
2592 days
Login to enter a peer comment (or grade)
The asker has declined this answer
Comment: no points anywhere - back biting!

3 hrs peer agreement (net): -1
concurrent wrongs


Explanation:
This IS the correct term. Please allow me to point out that I am a trained lawyer, with ten years working experience, four of which I spent in English-speaking countries.
After Werner Patels' passionate rebuke of my reply I discussed the question with several of my colleagues - all BILINGUAL LAWYERS AT A LAW SCHOOL - who agreed that this is the correct translation.

I do not like to see the Kudoz questions area used in this way. Werner Patels,
BUT WE ARE HERE TO HELP THOSE OF OUR COLLEAGUES AND OTHERS WHO NEED ASSISTANCE! IT IS NOT THE SOLE PURPOSE OF THIS SITE TO INCREASE YOUR KUDOZ ACCOUNT. IT WON'T HELP YOU GET CLIENTS ANWAY IF ALL YOUR KNOWLEDGE COMES FROM DICTIONARIES AND GOOGLE.

I am disgusted that I lowered myself yo your level...

DPS
Australia
Local time: 07:58
Native speaker of: Native in GermanGerman
PRO pts in pair: 56
Grading comment
no points anywhere - back biting!

Peer comments on this answer (and responses from the answerer)
disagree  xxxeurotransl: I'm trying to help the asker; you're confusing her /"concurrent wrongs" isn't used in ins./refrain from personal attacks
4 mins
Login to enter a peer comment (or grade)
The asker has declined this answer
Comment: no points anywhere - back biting!

3 hrs
concurrent wrongs


Explanation:
I do not doubt that "recurrent claims" etc. can be found in various dictionaries as translations of "Serienschaden". However, the translations suggested by Eurotransl do indeed also mean "Serienschaden", but in the sense of recurrent, repeat, recursive...

Here we are dealing with "several offences, which TOGETHER (jointly) cause damage" = "concurrent wrongs".

Please, Werner Patels, ask one of your lawyer friends, if you have any.

I strongly suggest that the asker awards the points to Eurotransl, but PLAESE take my advice and use the term I suggested.

i shall no further comment on this issue.


DPS
Australia
Local time: 07:58
Native speaker of: Native in GermanGerman
PRO pts in pair: 56
Grading comment
no points anywhere due to back biting!

Peer comments on this answer (and responses from the answerer)
agree  gangels

disagree  xxxeurotransl: Keep your points - I got my qualifications - I'm only interested in getting the asker the right answer!
4 mins
Login to enter a peer comment (or grade)
The asker has declined this answer
Comment: no points anywhere due to back biting!

11 hrs peer agreement (net): +3
depends on context


Explanation:
First off, let me point out that I have no legal training, and am also not in the insurance business.
The question I would like to point out with the suggested translations lies in the meaning of concurrent and whether the text refers to the cause (act) or the effect (damages).

The following definitions in West's Law & Commercial Dictionary in Five Languages may be of some help:

Concurrent causes (Mitursache): causes acting contemporaneously and together causing injury, which would not have resulted in absence of either. Two distinct causes operating at the same time to produce a given result, which might be produced by either, are "concurrent causes"; but two distinct causes, successive and unrelated in an operation, cannot be concurring, and one will be regarded as the proximate and efficient and responsible cause, and the other will be regarded as the remote cause.

Successive (nochfolgend, sukzessiv) following one after another in a line or series.

Consecutive (nacheinanderfolgend, aufeinanderfolgend, zusammenhängend) Successive; succeeding one another in regular order; to follow in uninterrupted succession.

Contributing cause (mitverursachende Umstände) Generic term used to describe any factor which contributes to a result, though its causal nexus may not be immediate.


Proximate damages (Ersatz des nächstursächlichen/unmittelbaren Schadens) Proximate damages are the immediate and direct damages and natural results of the act complained of, and such as are usual and might have been expected. Remote damages are those attributable immediately to an intervening cause, though it forms a link in an unbroken chain of causation, so that the remote damage would not have occurred if its elements had not been set in motion by the original act or event.


The following websites show the use of the term "concurrent wrongs."

http://193.120.124.98/ZZA41Y1961S16.html
Where damage is suffered by any person as a result of concurrent wrongs, satisfaction by any wrongdoer shall discharge the others whether such others have been sued to judgment or not.

http://www.churchlegal.com/eron/d-990413.htm
The chambers judge, Southin J., struck out the third party notice on the basis that the alleged wrongs of the architect and the lawyer were consecutive, not concurrent, wrongs.

To me, the term Serienschaden would relate to the damage or injury (Schaden); whereas the term wrong would refer to the act or event that caused the damage or injury.

I hope this helped!



Beth Kantus
United States
Local time: 15:58
Native speaker of: English
PRO pts in pair: 924
Grading comment
Thank you for adding a note of worthiness to this back-biting orgy! From your answer I was able to judge which meaning would have fit best. Unfortunately by this point I had already submitted the text with a more neutral answer - c'est la vie!

Peer comments on this answer (and responses from the answerer)
agree  xxxeurotransl: thanks; your links show that "concurrent wrongs" is not used in an insurance context. Thank you proving my point of view
4 hrs
  -> I'm not really sure that's what I did, but you're welcome. I hope I was able to help the asker some!

agree  Bohlen
15 hrs

agree  Kim Metzger: Hi Beth - I'm working on an insurance policy right now and Serienschaden is defined as several insured events occurring from the same cause. I used series of losses.
3012 days
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