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prouver l’existence d’une faute

English translation: ...fund... their needing to prove any fault on the part of the manufacturer

19:37 Oct 28, 2019
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: prouver l’existence d’une faute
I would like to translate the following sentence (from a social science paper) into American English:

une indemnisation extra-judiciaire a été mise en place pour indemniser les victimes de la maladie de Creuzfeldt-Jacob et leurs familles, sans qu’elles aient besoin de prouver l’existence d’une faute dans la fabrication du traitement.

>>> Il s'agit ici d'une faute au sens juridique (pas d'une erreur médicale). Une compensation pouvait être accordée indépendamment de la reconnaissance ou non d'une faute des responsables de la distribution/fabrication du traitement. Les victimes ont porté plainte au pénal et certaines se sont constituées parties civiles.

Voici ma tentative :

an extrajudicial compensation was set up to indemnify CJD victims and their relatives, without them needing to ?prove any wrongdoing? in the manufacture of the treatment

Thank you for your help
NPE
France
English translation:...fund... their needing to prove any fault on the part of the manufacturer
Explanation:
Three points:

1. We wouldn't say "extrajudicial" here. In EN that word is most often used to refer to unlawful things ("extrajudicial killing"). See point (2) below for suggestion.

2. Say "compensation fund," not just compensation. We don't say "a compensation" because compensation is not a count noun (explanation if that grammatical term is unclear: http://www.butte.edu/departments/cas/tipsheets/grammar/artic... Normally when a group of victims get a compensation mechanism set up that doesn't require litigation, it's called a compensation fund. For example: https://www.vcf.gov/

And you don't need to translate extrajudicial at all here. "Compensation fund" means that.

3. Without THEIR needing, not without THEM needing. Grammar lesson on that: https://getitwriteonline.com/articles/possessive-case-gerund...


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Note added at 17 hrs (2019-10-29 12:43:35 GMT)
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So to be clear: "A compensation fund was set up to indemnify... without their needing to prove any fault on the part of the manufacturer."


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Note added at 19 hrs (2019-10-29 15:18:00 GMT)
--------------------------------------------------

PS @ Daryo: extrajudicial isn't needed here because compensation funds normally operate in that manner (i.e., you don't need to file a lawsuit, you just need to file a claim with the compensation fund). "Indemnisation extrajudiciaire" means compensation fund.
Selected response from:

Eliza Hall
United States
Local time: 08:05
Grading comment
Thank you so much
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +7...fund... their needing to prove any fault on the part of the manufacturer
Eliza Hall
4prove any misconduct/misdemeanor of the manufacturer OR any shortcoming in manufacture
ELENA MITULESCU


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
prove any misconduct/misdemeanor of the manufacturer OR any shortcoming in manufacture


Explanation:
Multiple definitions here:
https://www.linguee.com/english-french/search?source=auto&qu...

I hope it helps :)


    https://www.linguee.com/english-french/search?source=auto&query=faute
ELENA MITULESCU
Canada
Local time: 08:05
Works in field
Native speaker of: Native in RomanianRomanian
Login to enter a peer comment (or grade)

55 mins   confidence: Answerer confidence 5/5 peer agreement (net): +7
...fund... their needing to prove any fault on the part of the manufacturer


Explanation:
Three points:

1. We wouldn't say "extrajudicial" here. In EN that word is most often used to refer to unlawful things ("extrajudicial killing"). See point (2) below for suggestion.

2. Say "compensation fund," not just compensation. We don't say "a compensation" because compensation is not a count noun (explanation if that grammatical term is unclear: http://www.butte.edu/departments/cas/tipsheets/grammar/artic... Normally when a group of victims get a compensation mechanism set up that doesn't require litigation, it's called a compensation fund. For example: https://www.vcf.gov/

And you don't need to translate extrajudicial at all here. "Compensation fund" means that.

3. Without THEIR needing, not without THEM needing. Grammar lesson on that: https://getitwriteonline.com/articles/possessive-case-gerund...


--------------------------------------------------
Note added at 17 hrs (2019-10-29 12:43:35 GMT)
--------------------------------------------------

So to be clear: "A compensation fund was set up to indemnify... without their needing to prove any fault on the part of the manufacturer."


--------------------------------------------------
Note added at 19 hrs (2019-10-29 15:18:00 GMT)
--------------------------------------------------

PS @ Daryo: extrajudicial isn't needed here because compensation funds normally operate in that manner (i.e., you don't need to file a lawsuit, you just need to file a claim with the compensation fund). "Indemnisation extrajudiciaire" means compensation fund.

Eliza Hall
United States
Local time: 08:05
Specializes in field
Native speaker of: English
PRO pts in category: 145
Grading comment
Thank you so much
Notes to answerer
Asker: Thank you so much for your very helpful answer and your excellent explanations!


Peer comments on this answer (and responses from the answerer)
agree  ELENA MITULESCU
14 mins
agree  Tony M
43 mins
agree  AllegroTrans: Yes, and I agree with your advice to the asker
2 hrs
  -> Thanks.
agree  Ph_B (X)
12 hrs
agree  Cyril Tollari
12 hrs
agree  writeaway
15 hrs
neutral  Daryo: I would still translate "extra-judiciaire", as "mutually agreed / without resorting to litigation) as a "compenstion fund" could have been also imposed by a judgement if nothing is specified, otherwise - yes.
17 hrs
  -> See my PS above.
agree  Michele Fauble
20 hrs
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