responsabilidad, solidaria, mancomunada e indivisible

English translation: joint, several and indivisible liability

15:20 Dec 26, 2020
Spanish to English translations [PRO]
Law/Patents - Insurance
Spanish term or phrase: responsabilidad, solidaria, mancomunada e indivisible
LACOMPAÑIA será responsable y estará a cargo de hacer todos los trámites que se requieran ante el Seguro hasta que éste pague al CLIENTE por la mercadería y/o mercancía perdida, robada, hurtada, contaminada, rota, extravíos, daños sufridos u otros. Asimismo, LACOMPAÑIA asume una responsabilidad solidaria, mancomunada e indivisible respecto a la obligación de pago por parte del Seguro.
Fabio Descalzi
Uruguay
Local time: 06:21
English translation:joint, several and indivisible liability
Explanation:

Dis-JOINTED? - Vermont Journal of Environmental Law
vjel.vermontlaw.edu › files › 2013/06 › Dis-Jointed
PDF
surface and groundwater cannot be proportioned with any degree of accuracy as to any individual defendant," so "liability is joint, several and indivisible."). 157.
by SC Gold · ‎Cited by 14 · ‎Related articles

Steve C. Gold - SSRN
papers.ssrn.com › sol3 › SSRN_ID1555098_code1054932
surface and groundwater cannot be proportioned with any degree of accuracy as to any individual defendant,” so “liability is joint, several and indivisible.”). 157.
by SC Gold · ‎2009 · ‎Cited by 13 · ‎Related articles

OPMAS T&C of Business 2016 - OPMAS Denmark
www.opmas.dk › wp-content › uploads › 2017/03 › OPM...
that their obligations are joint several and indivisible. 10. FORCE MAJEURE. 10.1 Both parties shall be released from their respective obligations in the event of ...
Selected response from:

AllegroTrans
United Kingdom
Local time: 09:21
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +3joint, several and indivisible liability
AllegroTrans
3AmE: liability by the entireties, jointly and non-severably
Adrian MM.


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
joint, several and indivisible liability


Explanation:

Dis-JOINTED? - Vermont Journal of Environmental Law
vjel.vermontlaw.edu › files › 2013/06 › Dis-Jointed
PDF
surface and groundwater cannot be proportioned with any degree of accuracy as to any individual defendant," so "liability is joint, several and indivisible."). 157.
by SC Gold · ‎Cited by 14 · ‎Related articles

Steve C. Gold - SSRN
papers.ssrn.com › sol3 › SSRN_ID1555098_code1054932
surface and groundwater cannot be proportioned with any degree of accuracy as to any individual defendant,” so “liability is joint, several and indivisible.”). 157.
by SC Gold · ‎2009 · ‎Cited by 13 · ‎Related articles

OPMAS T&C of Business 2016 - OPMAS Denmark
www.opmas.dk › wp-content › uploads › 2017/03 › OPM...
that their obligations are joint several and indivisible. 10. FORCE MAJEURE. 10.1 Both parties shall be released from their respective obligations in the event of ...

AllegroTrans
United Kingdom
Local time: 09:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 101

Peer comments on this answer (and responses from the answerer)
agree  Steven Huddleston
3 mins

agree  Robert Copeland
37 mins

agree  Luis M. Sosa
38 mins
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4 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
responsabilidad solidaria, mancomunada e indivisible
AmE: liability by the entireties, jointly and non-severably


Explanation:
No comma after responsabilidad and the status of LA COMPAÑIA - two words - needs clarifying, namely whether a supplier of goods, a bank or an insurance broker.

Note Rebecca J's exposition in the first weblink: solidaria is joint and several, whilst mancomunada is joint only.

So the problem here is how to incorporate all four terms, if at all and without resorting to vicarious-type categories. The way to dodge this duplication might be to used the US Fed. Law idea of 'by the entireties, albeit not exclusively used with ref. to *tenancy by the entirety or entireties of matrimonal property* - see ths second weblink: 'deposits held jointly or by the entireties'.


Example sentence(s):
  • In contract, joint and several liability arises when two or more persons jointly promise in the same contract to do the same thing, but also separately promise to do the same thing.
  • In tort, joint and several liability may arise where A and B act independently to cause C the same damage (for these purposes, A could be a contract-breaker and B a tortfeasor).

    Reference: http://www.proz.com/kudoz/spanish-to-english/business-commer...
    Reference: http://www.proz.com/kudoz/english-to-spanish/business-commer...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: can't find a single ghit for liability by the entireties
2 days 2 hrs
  -> https://casetext.com/statute/general-statutes-of-north-carol... besides which g/hits are not a guide to AmE legal drafting techniques.
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