Culpa con previsión

20:50 Jan 11, 2012
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: Culpa con previsión
I understand the general concept (and the rest of the content of these two sentences) but I wanted to run it by you kind folks as I feel the term should be translated as a particular term of art. I am leaning towards recklessness or gross negligence. This is taken from an Uruguayan court decision.

"En el ambito penal esta tercer zona es conocida como el dolo eventual y en el civil como culpa con prevision. Esto es, cuando el autor de lo ilicito se representa un hecho como danoso y si bien su intencion no es danar, ejecuta el acto sin importarle que el mismo dane o no."

Thanks.
mmd248


Summary of answers provided
4 +1gross negligence
Nikolaj Widenmann
4 +1wanton or wilful misconduct
Yvonne Gallagher
3foreseeability-based fault
Adrian MM. (X)


Discussion entries: 3





  

Answers


3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
gross negligence


Explanation:
I am pretty sure this is what it means, given the civil context. Black's Law Dictionary defines it as "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party, who may typically recover exemplary damages".


    Reference: http://courts.mi.gov/mcji/negligenceCh10-19/negligence-ch14....
Nikolaj Widenmann
United States
Local time: 06:54
Specializes in field
Native speaker of: Native in DanishDanish, Native in EnglishEnglish
PRO pts in category: 143

Peer comments on this answer (and responses from the answerer)
agree  philgoddard: I always thought gross negligence was unconscious and involuntary, but I can't argue with Black's Law Dictionary!
1 hr
  -> Thanks.
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3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
wanton or wilful misconduct


Explanation:
I'd use "recklessness" for dolo eventual and wilful misconduct here

http://www.californiaattorneygroup.com/wanton-and-reckless-m...
part of this...

"The categories of willful and negligent is difficult to assess. Moreover, a tort may possess both mental states. For example, this may occur when an individual with no intent to cause harm intentionally performs an act so unreasonable and dangerous that he or she knows, or should know, it is highly probable that the harm will result. The tort may be named "willful negligence," "wanton and willful negligence," "wanton and willful misconduct," OR "gross negligence." Therefore, wanton and reckless misconduct involves no intention, as does willful misconduct, to do harm. it is different from negligence in that it does involve an intention to perform an act that the actor knows harm may likely result..."






Block all allanrouben.com results

9 Apr 2010 – Courts and commentators have consistently emphasized that wilful blindness is distinct from recklessness. The emphasis bears repeating. ...


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Note added at 3 hrs (2012-01-12 00:36:08 GMT)
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sorry, meant to delete last link for wilful blindness

"wilful misconduct" is sometimes seen as a synonym for "gross negligence" as in next link



books.google.co.uk/books?isbn=9041115986...Xia Chen - 2001 - Law - 168 pages
Intention and Recklessness Generally speaking, it is extremely difficult, if not ... act or omission".91 Willful Misconduct or Gross Negligence "Willful misconduct" is ...





www.internationallawoffice.com/newsletters/detail.aspx?g......

19 Nov 2008 – The couple alleged that the airline had acted with wilful misconduct by ... the terms 'recklessness' and 'wilful misconduct', all of which required ...


Yvonne Gallagher
Ireland
Local time: 13:54
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 142

Peer comments on this answer (and responses from the answerer)
agree  philgoddard
25 mins
  -> thanks Phil!
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2 days 18 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
foreseeability-based fault


Explanation:
Culpa grave is also gross negligence.

As a concept straddling recklessness and wilfulness, it might be worth going for a more literal translation.

Example sentence(s):
  • Holmes's foreseeability-based negligence theory
Adrian MM. (X)
Local time: 14:54
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1292
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