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
Added to glossary by
Adrian MM. (X)
Jun 10, 2009 19:19
14 yrs ago
22 viewers *
French term
demanderesse en garantie / défendeur en garantie
French to English
Law/Patents
Law (general)
Quebec lawsuits
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,
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,
Proposed translations
(English)
4 | third-party (corporate) plaintiff-claimant/third-party defendant | Adrian MM. (X) |
4 | claimant of the guarantee/plaintiff of the guarantee | Valentina Viganò |
References
http://csc.lexum.umontreal.ca/en/1964/1964rcs0-395/1964rcs0-395.html | PRen (X) |
Change log
Jun 15, 2009 14:07: Adrian MM. (X) Created KOG entry
Proposed translations
13 hrs
Selected
third-party (corporate) plaintiff-claimant/third-party defendant
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.
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/3292360-assignation_en_garantie.html
Note from asker:
Thanks Tom Thumb. The "third party" concept is certainly right. |
4 KudoZ points awarded for this answer.
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!"
47 mins
claimant of the guarantee/plaintiff of the guarantee
"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
By Ferdinand Cussy
Reference comments
18 mins
Reference:
http://csc.lexum.umontreal.ca/en/1964/1964rcs0-395/1964rcs0-395.html
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
--------------------------------------------------
Note added at 27 mins (2009-06-10 19:47:31 GMT)
--------------------------------------------------
And here's one involving insurance companies
http://www.gasco.qc.ca/Jugements/20021018Lelarge.htm
Paula
--------------------------------------------------
Note added at 27 mins (2009-06-10 19:47:31 GMT)
--------------------------------------------------
And here's one involving insurance companies
http://www.gasco.qc.ca/Jugements/20021018Lelarge.htm
Example sentence:
Defendant and plaintiff in warranty (appellant)
Something went wrong...