Haftungsausfüllung

English translation: scope of liability

16:26 Apr 14, 2019
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: Haftungsausfüllung
I am translating arbitration proceedings that deal with Haftungsausfüllung and Haftungsbegründung. This pertains ultimately to compensation for damage.
I think Haftungsbegründung is causation, but what does Haftungsausfüllung mean?
Sandra Jones
United States
Local time: 23:19
English translation:scope of liability
Explanation:
I found 3 possible translations:

1. scope of liability
"That notion remains significant, whether it is seen as a part of adequate causation or as a separate heading of imputability [references omitted]. It is also established that this notion can be relevant not only — as in most cases — to determine the scope of liability (Haftungsausfüllung), but also earlier on to establish liability (Haftungsbegründung) [references omitted]."
http://www.casebooks.eu/documents/tortLaw/heading4.3.3.pdf

2. extent of liability
"For the reviewer it remains unclear whether the distinction between “foundation of liability” (Haftungsgrund) and “extent of liability” (Haftungsausfüllung) — which is well known as having developed into the most decisive distinction in German tort law - is retained." https://books.google.com/books?id=1Y1jew28_vQC&pg=PA606&lpg=...

3. consequences of liability
"The Act follows the BGB's model of law of delict with its distinction of 'grounds for liability' (Haftungsgrund) and 'consequences of liability' (Haftungsausfüllung)." https://books.google.com/books?id=pLAMlcJpEUMC&pg=PA183&lpg=...
Selected response from:

Michael Martin, MA
United States
Local time: 23:19
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
3 +2scope of liability
Michael Martin, MA
4extent of liability
Daniel Arnold (X)
3liability for incidental or consequential loss (caused by an accident)
Adrian MM.


Discussion entries: 3





  

Answers


33 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
scope of liability


Explanation:
I found 3 possible translations:

1. scope of liability
"That notion remains significant, whether it is seen as a part of adequate causation or as a separate heading of imputability [references omitted]. It is also established that this notion can be relevant not only — as in most cases — to determine the scope of liability (Haftungsausfüllung), but also earlier on to establish liability (Haftungsbegründung) [references omitted]."
http://www.casebooks.eu/documents/tortLaw/heading4.3.3.pdf

2. extent of liability
"For the reviewer it remains unclear whether the distinction between “foundation of liability” (Haftungsgrund) and “extent of liability” (Haftungsausfüllung) — which is well known as having developed into the most decisive distinction in German tort law - is retained." https://books.google.com/books?id=1Y1jew28_vQC&pg=PA606&lpg=...

3. consequences of liability
"The Act follows the BGB's model of law of delict with its distinction of 'grounds for liability' (Haftungsgrund) and 'consequences of liability' (Haftungsausfüllung)." https://books.google.com/books?id=pLAMlcJpEUMC&pg=PA183&lpg=...

Michael Martin, MA
United States
Local time: 23:19
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 245
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM.: - with explanation no. 3 - that happens to dovetail with my answer.
2 hrs

agree  AllegroTrans
2 days 4 hrs

neutral  Daniel Arnold (X): i think you mean the same but it should be extent rather than scope
5 days
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52 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
liability for incidental or consequential loss (caused by an accident)


Explanation:
haftungsbegründende Kausalität (K) - causation of first-stage, direct loss or damage

haftungsausfüllende K. - second-stage liability for consequential loss > 'die K. zwischen Verletzung und Schaden (z.. Körperverletzung > Heilungskosten bzw. Verdienstausfall (loss of earnings)'

Example sentence(s):
  • Under German law, special or consequential damages, as defined in the US context,will not becompensated,but consequential damages are considered as direct damages (NB the plural AmE form of damage, meaning types of and not compensation).

    Reference: http://https://www.123recht.de/forum/schadensersatz/Haftungs...
    Reference: http://ruessmann.jura.uni-sb.de/bvr2003/Vorlesung/grundtatde...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 42

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: this may well be implied but it's over-translation
2 days 4 hrs
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5 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
extent of liability


Explanation:
see links
the "Haftungsbegründung" is the causality issue, while the "H...ausfüllung" means the extent of liability that is to be borne in relation to the cause of liability. It is a very German legal construct that does not have an equivalent in anglo law. There are some references suggesting "remoteness of liability" with fair enough reason, I would examine if that fits your context but most likely not, if not I would go for "extent of liability".


    https://dict.leo.org/forum/viewUnsolvedquery.php?idforum=1&idThread=174643&lp=ende
    https://books.google.de/books?id=1Y1jew28_vQC&pg=PA606&lpg=PA606&dq=haftungsausf%C3%BCllung+english&source=bl&ots=h5QgYV0tLM&sig=ACfU3U36q7f
Daniel Arnold (X)
Australia
Local time: 05:19
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 32
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