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dolo eventuale
(EE)

Glossary entry

Italian term or phrase:

imputazione soggettiva

English translation:

Contributory negligence

Added to glossary by volgil
Apr 29, 2011 14:01
13 yrs ago
9 viewers *
Italian term

imputazione soggettiva

Italian to English Law/Patents Law (general) court summons
il dolo eventuale designa l'area dell'imputazione soggettiva dagli incerti confini in cui l'evento non costituisce l'esito finalistico della condotta, nè è previsto come conseguenza certa o altamente probabile
here is my very unsure attempt!
potential deceit denotes the area of the ìsubjective imputation' of 'uncertain boundaries' in which the event does not constitute the final outcome of the conduct, nor is it viewed as a sure or highly probable consequence
Thanks in advance
Proposed translations (English)
4 Contributory negligence
4 +1 imputed liability/responsibility/negligence
5 -1 Subjective Imputation.
3 individual legal liability

Discussion

volgil (asker) Apr 29, 2011:
the title is ATTO DI CHIAMATA DI TERZO
volgil (asker) Apr 29, 2011:
it's a counter claim by a company against the original claimant stating that the claimant is at fault through their 'dolo eventuale'
philgoddard Apr 29, 2011:
Yes, "dolo" is "intent", not "deceit". This is a difficult sentence though, and some more context would help - is it really a summons, and what comes before this?
Lawboy Apr 29, 2011:
see my answer to the previous thread. "Dolo eventuale" has nothing to do with deceit. It is basically where a person's actions lead to a particular event occuring even though causing such event was not the intention of the person, though s/he should have recognised that is was a reasonably possible outcome of his or her actions.

Proposed translations

1 day 18 hrs
Selected

Contributory negligence

See my notes under "imputed liability". If the defendant is claiming that the original claimant's actions resulted in its injuries, then the defendant is stating that the claimant "contributed to the harm" and should not be entitled to full compensation. Depending on the court's determination of the percentage of fault by the claimant, if any, then the judgment would be reduced by that percentage. If there is language that the claimant "knew" or "should have known" that his actions would result in the harm sustained, the legal cause of action is probably in negligence (criminal or civil).
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4 KudoZ points awarded for this answer. Comment: "thanks for your help- legalese :-(("
-1
11 mins

Subjective Imputation.

[PPT]
Data Imputation
16 Mar 2011 ... Subjective Imputation. Generally rule or logic based; Can be used when there is only one (reasonably) possible response to the question ...
unstats.un.org/unsd/industry/meetings/eclac2011/AC229-16.PPS


Imputation in Criminal Law and the Conditions for Norm Validity
20 May 2004 ... (5) The so-called subjective imputation proves itself to be more a specified-personal imputation. It's an imputation which focuses on the ...
wings.buffalo.edu/law/bclc/bclrarticles/7/2/jakobs.pdf

Theory of earth science - Google Books

Wolf von Engelhardt, Jörg Zimmermann - 1988 - the act called 'discovery of law' resembles a subjective imputation* but is nevertheless well-founded, and as such it is accepted and recognised by the ...
books.google.es/books?isbn=0521259894...
Peer comment(s):
disagree Sylvia Gilbertson : Statistics and earth science are irrelevant here, and the second source is an article translated from German by a native Spanish speaker, and is mostly incoherent.
2 hrs
froma latin "imputatio subjectiva">fr. imputation subjective >it. iputazione soggettiva>esp. imputación subjectiva etc
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2 hrs

individual legal liability

I'm thinking this may just be a variant of soggettività giuridica, but have not researched it, hence the lower confidence level.
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+1
1 day 18 hrs

imputed liability/responsibility/negligence

to ascribe or to attribute intent, knowledge or will on a second actor for the harm caused. Imputed liablity often arises when two unrelated actors engage in an action that causes the single injury; e.g. imputed negligence, where the negligence of one person is charged to another person; negligence resulting from a special relationship with the original negligent party (e.g. shareholders, parent-child).

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Note added at 1 day18 hrs (2011-05-01 08:49:24 GMT)
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Since the target phrase is from an Atto di Chiamata di Terzo, it appears that a second actor is being joined in the lawsuit; therefore imputed liability/responsibility may be the correct term. Imputed liability is used in both civil and criminal actions.

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Note added at 1 day18 hrs (2011-05-01 08:52:51 GMT)
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If the claimant is the party against whom the Atto is being brought (now that I have read the discussion a little closer) then the term could also be CONTRIBUTORY negligence; that the claimant contributed to its own injury.
Peer comment(s):
agree Sylvia Gilbertson : This makes perfect sense.
6 hrs
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