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todo el cuidado y celo de un diligente padre de familia

English translation: all reasonable care and diligence

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:todo el cuidado y celo de un diligente padre de familia
English translation:all reasonable care and diligence
Entered by: Henry Hinds
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15:46 Aug 14, 2002
Spanish to English translations [PRO]
Law/Patents - Insurance / Insurance
Spanish term or phrase: todo el cuidado y celo de un diligente padre de familia
This phrase appears in a Chilean business insurance policy:

"Prevención del siniestro:
El Asegurado empleará ***todo el cuidado y celo de un diligente padre de familia para prevenir el siniestro."

Would it be correct to say, "The Insured shall exercise all reasonable care to prevent the loss," or does the Spanish version imply a higher standard of care?
Lee Penya
Local time: 16:06
The insured shall exercise all reasonable care and diligence to prevent the loss
Explanation:
That's how I would say it for the U.S. I had not seen that phrasing in Spanish before, interesting!
Selected response from:

Henry Hinds
United States
Local time: 15:06
Grading comment
3 KudoZ points were awarded for this answer

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Summary of answers provided
5 +11The insured shall exercise all reasonable care and diligence to prevent the loss
Henry Hinds
5 +1..all the care and zeal of a dilligent father of a family...
Baruch Avidar
5 +1The due zeal and care of a diligent head of the family
Anayansi
5zeal is key wordHerman Vilella
5the due care and attention of a fatherxxxR.J.Chadwick
5all the care and watchfulness of a diligent father of a familyPaul Slocomb
5The Insurer shall exercise due diligence and care to prevent...Sery
5father
Lila del Cerro
3All the care and vigilance of a diligent head of familyRefugio


  

Answers


4 mins   confidence: Answerer confidence 5/5 peer agreement (net): +11
The insured shall exercise all reasonable care and diligence to prevent the loss


Explanation:
That's how I would say it for the U.S. I had not seen that phrasing in Spanish before, interesting!


    Exp.
Henry Hinds
United States
Local time: 15:06
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 315

Peer comments on this answer (and responses from the answerer)
agree  Rafa Lombardino
0 min
  -> Gracias, Rafa.

agree  jafroome
1 min
  -> Gracias, Jafroome.

agree  Pablo Tarantino
4 mins
  -> Gracias, Pablo.

agree  claudia bagnardi: ...diligence expected from a solicitous parent (if the context makes it necessary),but I fully agree,Henry.
11 mins
  -> Gracias, Claudia.

agree  Claudia Andreani
13 mins
  -> Gracias, Claudia.

agree  Brigit: This is a commonly used phrase in legal Spanish. It just means the reasonable care and diligence, as Henry translated.
45 mins
  -> Gracias, Brigit.

agree  Lila del Cerro: See my comment below.
51 mins
  -> Gracias, Lila.

agree  Paola Nobizelli
58 mins
  -> Gracias, Paola.

agree  Mary Bauer
3 hrs
  -> Gracias, Mary.

disagree  Paul Slocomb: See my suggested answer below. The standard is higher than reasonable care and diligence.
5 hrs
  -> In that respect, what I would do as a translator is to place a note reccomending that an attorney from Chile be consulted on what a "reasonable" or higher standard would be in their courts. Any place you go it is open to much subjective interpretation.

agree  Maria-Jose Pastor: Being a USA homeowner (and having homeowners insurance) this is how the policies are written, no mention of head of household or father or mother, etc.
8 hrs
  -> Gracias, Ma. José.

agree  Fco M Rodriguez: This spanish expression comes to the Spanish Civil Code (art. 1903), and its meaning is how the obligation to act in a diligent way and with the due care in all that that we do. Excellent answer, then, to apply this spanish expession to insurance policy.
3926 days
  -> Gracias, Fco.

agree  Kirk Smith
4463 days
  -> Gracias, Kirk.
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9 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
The due zeal and care of a diligent head of the family


Explanation:
Zeal is 'celo' and implies a higher supervision over things.


    Harper Collins College Dict.
Anayansi
United States
Local time: 16:06
Native speaker of: Native in SpanishSpanish, Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
agree  MikeGarcia
2 hrs
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29 mins   confidence: Answerer confidence 5/5
The Insurer shall exercise due diligence and care to prevent...


Explanation:
I think reference to parental protection is not needed.

Regards, Sery


--------------------------------------------------
Note added at 2002-08-14 16:29:47 (GMT)
--------------------------------------------------

Corrección: debe ser \"Insured\"

Sery
Local time: 16:06
Native speaker of: Native in SpanishSpanish
PRO pts in category: 16
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54 mins   confidence: Answerer confidence 5/5
father


Explanation:
I'm sorry I can't give you the precise translation, but I'm sure several years ago I translated several policies of a British insurance company (Sun? Royal?) and they used something like the cares of a good family father. I remember having trouble about how to translate that into Spanish withut feeling I was doing a ridiculous rendition.

So, my advice, check a little more or try to stick to the source.

HTH

Lila del Cerro
Uruguay
Local time: 18:06
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 28
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5 hrs   confidence: Answerer confidence 5/5
all the care and watchfulness of a diligent father of a family


Explanation:
I'd be very literal with this one, the reason being that the concept is well established (indeed codified) in the civil law, without a very good counterpart in the common law.

The translation may ring a bit odd to the English-speaking reader, but in this case that's a good thing. It alerts the reader that there may be something different going on than he/she is accustomed to.

The typical standard in Spanish is "buen padre de familia", and it is a very high standard. "Diligente padre de familia" perhaps is even higher, though I suspect its just bloviating.

An intermediate standard of care is that of a "buen hombre de negocios".

Either of these damands more than reasonable care, or due diligence. To oversimplify, a guy is expected to take damn good care of his family, very good care of his business, and reasonbble care in his other dealings.

Paul Slocomb
Local time: 16:06
Native speaker of: English
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7 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
..all the care and zeal of a dilligent father of a family...


Explanation:
Yo diría:

"The insured will apply all the care and zeal of a dilligent father of a family in order to prevent the sinister."

Suerte!

Baruch Avidar
Israel
Local time: 00:06
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish

Peer comments on this answer (and responses from the answerer)
agree  Herman Vilella
22 hrs
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7 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
All the care and vigilance of a diligent head of family


Explanation:
"The insured shall exercise all the care and vigilance of a diligent head of family in order to prevent the damage."
I do think it is a higher standard of care than simply reasonable care. And although siniestro can mean loss, the loss would be to the insurance company, not the insured, so I think damage is more appropriate here (always with deference to the full context of what kind of siniestro is being referred to). Another possibility would be to reverse the terms: "all the care and diligence of a vigilant head of family." But that's sort of a rewrite.


Refugio
Local time: 14:06
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 16
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9 hrs   confidence: Answerer confidence 5/5
the due care and attention of a father


Explanation:
"Care and attention" is a familiar collocation that I am aware of and which gets very many matches in an "exact phrase match" search.

Here are a few contexts:-

Domiciliary Care Allowance ... Eligibility for the allowance is determined primarily by the degree of additional CARE AND ATTENTION needed by the child rather than the type of disability ...
http://oasis.gov.ie/health/domiciliary_care_allowance.html

... Backshall was convicted of driving without due CARE AND ATTENTION and appealed on the ground that the recorder had failed to direct the jury that necessity or ...
http://ourworld.cs.com/RJer340036/law/cases/backshal.htm

17. JAMES WC PENNINGTON. "THE WANT OF PARENTAL CARE AND ATTENTION". In 1849, James CW Pennington ...
http://vi.uh.edu/pages/mintz/17.htm

... CARE AND ATTENTION...an interactive web-based training program to raise awareness and measure understanding of privacy and information security to comply with ...
http://www.easyi.com/products/pdf/hipaa.pdf

... [or]- Send an everyday card instead, To Recipient Mom, Thanks for all that CARE AND ATTENTION! Happy Mother's Day! - Sender. ...
http://free.bluemountain.com/eng3/kersten/MD004ducks.html

xxxR.J.Chadwick
Local time: 05:06
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1 day5 hrs   confidence: Answerer confidence 5/5
zeal is key word


Explanation:
The still extant \"padre diligente\" concept of old Spanish/Roman law is very alive in systems based on Hispanic jurisprudence. It includes defense of the childen (or rather strong self-defense exercised on behalf of the children, to include chastisement and containment of same). Even \"progressive\" court systems yield to that concept, if brought up in the father\'s defense.

Herman Vilella
Local time: 23:06
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in category: 14
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