Glossary entry

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,
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.
Note from asker:
Thanks Tom Thumb. The "third party" concept is certainly right.
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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
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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

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Note added at 27 mins (2009-06-10 19:47:31 GMT)
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And here's one involving insurance companies
http://www.gasco.qc.ca/Jugements/20021018Lelarge.htm
Example sentence:

Defendant and plaintiff in warranty (appellant)

Peer comments on this reference comment:

agree writeaway
4 hrs
Thanks
agree Assimina Vavoula
12 hrs
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