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Glossary entry

Swedish term or phrase:

adekvat

English translation:

commensurate

Added to glossary by Richard Green
Sep 2, 2013 09:26
10 yrs ago
3 viewers *
Swedish term

adekvat

Swedish to English Bus/Financial Insurance
This term is in relation to an insurance claim following a flood. The insurance company is arguing that the policyholder's actions following the flood were not proportionate to the actual damage.

"Hur som helst är sådan följder inte adekvata i förhållande till översvämningen."

The translation of "adekvat" is causing me some grief here, so any help would be most appreciated.

All the best,

Richard
Proposed translations (English)
3 +5 commensurate
4 +2 reasonable
3 +2 adequate
4 +1 non-remote; proximate (consequences)
4 sufficient

Discussion

Deane Goltermann Sep 3, 2013:
Thanks Richard, Now we know this involves the 'unreasonable' insurance co. against the little guy, or ... so my first thought was justified, but when I looked for some reference in this context I found ... 'reasonable', as in http://www.lexology.com/library/detail.aspx?g=1b323138-e029-... Commensurate still works, but is less 'legalese'.
Richard Green (asker) Sep 3, 2013:
Apologies for my late entrance My sincere apologies for not having involved myself in this sooner. Thank you all for taking the time to have your say and contribute to a really good discussion.

If I can perhaps give you a little more context - the insurance company is alleging that the policyholder took actions that were disproportionate to the extent of the flooding, i.e., it incurred costs that were unreasonable and which the insurance company is disputing the payment of.

This is quite a long text, and I have used "commensurate" for now, but there is time to change it if needs be.
Adrian MM. (X) Sep 2, 2013:
Commensurate as a non-technical label Neutral seems to mean non-committal. The consequences are 'non-commensurate' (non-proportionate) to or with something - and doesn't explain the flooding.
Deane Goltermann Sep 2, 2013:
Just a quickie for George Here we are speculating where the answer lies in Richard's, text. I mentioned commensurate as neutral in the context given, meaning it could work both ways in this situation -- too much or too little action by the insured. That neutral and not a neutral peer comment!

As for cuasality, I learned it as 'proximate cause' which is much less philosophical than 'Adequate causation' in my understading of Eng usage. Kind of like comparing affixing to spiking! ;-)
Adrian MM. (X) Sep 2, 2013:
Adequate Swedish law Desperately fighting a rearguard action, I would requote a Swedish law dictionary:

adekvans: adekvat kausalitet – sådan kausalitet som är rättsligt relevant. Man kan säga, att det föreligger A. mellan t. ex. en viss handling och en uppkommen skada, om skadan är en beräknelig (cue: Charles P.'s recent question) verkan av handlingen; endast en sådan handling kan medföra straff- el- skadeståndsansvar.

Juridikens termer, Almqvist & Wiksell
George Hopkins Sep 2, 2013:
The law... ...according to Dickens is an ass and I am in no way adequately qualified to approach it. Even those who are seemingly qualified often end up in a quagmire.
Adrian MM. (X) Sep 2, 2013:
Thinking @ George Assuming adekvat has a PRECISE legal meaning in Swedish, I wonder whether you - or Charles P. if around - can help us in general, and the asker in particular, understand the 'adequate' causation test in Swedish insurance and law. In the premises = in this instance, the consequences seem to be not proximate enough to make the policyholder liable for the flooding.
George Hopkins Sep 2, 2013:
Thinking... ..about what the insurance company was thinking is not the translator's job. The word 'adekvat' is a little vague in the context and therefore 'commensurate' (considering all its synonyms) appears to be a suitable translation.
Adrian MM. (X) Sep 2, 2013:
Clarification from Deane G. Deane, as you are legally qualified, albeit in the US, perhaps you can clarify if there is in Swedish - as in German - an Äquivalenz /equivalent counterpart to adekvat kausalitet, namely ...följder inte adekvata... connotes a causation test which you must have come across in tort, contract or insurance law.
Deane Goltermann Sep 2, 2013:
I've been think about this one On first reading it seemed that the relationship was the insurance co thought the individual's actions as overproportionate. But the Swe sentence seems to say (to me) that the actions were not enough. What am I missing? -- commensurate is neutral in this respect.

Proposed translations

+5
7 mins
Selected

commensurate

Might suit the context.
Peer comment(s):
agree JaneD : That's a nice official sounding word!
4 mins
Synonyms you know...
agree Mats Wiman : It is also logical
20 mins
My wife says there are other things than facts and logic...
agree Lene Johansen : Commensurate sounds appropriate, otherwise I would have opted for sufficient.
11 hrs
Thanks Lene
agree Charlesp : seems logical
1 day 22 hrs
Thanks Charles.
agree Christopher Schröder
9 days
Thanks Chris.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Sorry for the delay in points. Out of the options, this was the client-preferred solution (and mine too!)"
+2
7 mins

adequate

Adquate feels adequate in this context. ;)

--------------------------------------------------
Note added at 11 mins (2013-09-02 09:37:30 GMT)
--------------------------------------------------

acceptable/fair
Peer comment(s):
agree George Hopkins : Why not?
44 mins
thank you! :)
agree SafeTex : or 'inadequate' if sentence is changed round but the root is the same and I like it
5 days
thank you! :)
Something went wrong...
+2
44 mins

reasonable

I feel that "adekvat" in Swedish is wrongly used here. What the representative of the insurance company tries to express is "rimlig". That is why I would suggest "reasonable", although "commensurable" would work too.
Peer comment(s):
neutral George Hopkins : Sounds a bit indecisive. My aplogies: I didn't notice your alternative.
9 mins
What about my other suggestion then, i.e. "commensurable"?
agree Sven Petersson
3 hrs
Thanks!
agree Deane Goltermann : This seems to be more used in these legal contexts!
1 day 8 hrs
That's nice!
Something went wrong...
+1
54 mins

non-remote; proximate (consequences)

cf. adäquat in DE vs. äquivalent: but-for causation test.

Sadly, this concept of non-remote damage in EN contract (Re: The Polemis ship) and tort law is lost on Gullberg's 'commensurate' dictionary entry.

But translators are in good company with a literal translation of adequacy and equivalence with the Tort and Insurance Law Institute in Vienna,



--------------------------------------------------
Note added at 1 hr (2013-09-02 10:46:10 GMT)
--------------------------------------------------

adekvans: adekvat kausalitet – sådan kausalitet som är rättsligt relevant. Man kan säga, att det föreligger A. mellan t. ex. en viss handling och en uppkommen skada, om skadan är en beräknelig verkan av handlingen; endast en sådan handling kand medföra straff- el- skadeståndsansvar.

Pls. take your Swedish law from an Englishman.

Juridikens termer, Almqvist & Wiksell


Example sentence:

Causation in English law concerns the legal tests of remoteness en.wikipedia.org/wiki/Causation_in_English_law

Reference:

http://www.proz.com/kudoz/german_to_english/law_patents/303440-ad%C3%A4quat_kausal_und_zurechenbar.html

Peer comment(s):
agree Charlesp : Excellent suggestion and very precise terminology. From a real legal pro!
1 day 21 hrs
Thanks Charles. I believe we are indeed looking at the consequences here - a message that does not seem to be getting through.
Something went wrong...
1 day 22 hrs

sufficient

If you are saying that "the policyholder's actions" were not _______, I would think that "sufficient" is what is meant here.
Something went wrong...
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