Glossary entry

Spanish term or phrase:

estrictamente reparador del daño

English translation:

strictly limited to redress for damages

Added to glossary by Claudia Luque Bedregal
Jan 31, 2014 00:12
10 yrs ago
3 viewers *
Spanish term

estrictamente reparador del daño

Spanish to English Law/Patents Law (general) informe
Contexto: informe de abogado

Consideramos que el reclamo escapa a cualquier cálculo justo estrictamente reparador del daño y en nuestra opinión existe un ánimo de enriquecimiento y de aprovecharse del accidente ocurrido.

Gracias por sus sugerencias.

Discussion

Claudia Luque Bedregal (asker) Jan 31, 2014:
Redress, that's the word that escaped me. Thank you Bill :)
Billh Jan 31, 2014:
in (strict) redress of loss and damage .

Proposed translations

10 hrs
Selected

strictly limited to redress for damages

or
limited solely to compensatory damages

...and not for wrongful enrichment

Consideramos que el reclamo escapa a cualquier cálculo justo estrictamente reparador del daño y en nuestra opinión existe un ánimo de enriquecimiento y de aprovecharse del accidente ocurrido.

In our opinion, this claim/suit goes further than any reasonable calculation limited strictly to redress for damages(compensation for damages) and there exists a spirit of enrichment with an attempt to take advantage of the accident.


http://en.wikipedia.org/wiki/Tort











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Note added at 10 hrs (2014-01-31 11:05:24 GMT)
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It would have been good to have more context to know the type of loss or damage the redress is being sought for



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Note added at 4 days (2014-02-04 17:54:47 GMT) Post-grading
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Glad to have helped:-)
Note from asker:
Thank you Gallagy. Nice rendering, too! :)
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4 KudoZ points awarded for this answer. Comment: "Thank you all. Thank you Gallagy."
40 mins

to purely repair the damage

La idea es que no se pague más de lo estrictamente relacionado al daño ocasionado.
Del enlace que te adjunto te cito: "Now I realize the driving experience and look and feel is going to be different, etc. but let me narrow down the question to purely "repair costs"."

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Note added at 48 mins (2014-01-31 01:00:55 GMT)
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También: 'restricted to repair of damage'
Note from asker:
Muchas gracias Hans. Saludos.
Peer comment(s):

neutral Andy Watkinson : Were it "damage" I'd expect "daños". "Daño" = "damages", personal injury, lucro cesans, etc. // Not that simple. I believe you've misunderstood the question entirely (as suggested by your link). But if you're happy just adding an 's'...
50 mins
Sure! So, with that correction then! // I invite you to suggest a better translation. I added the example just to illustrate 'purely + repair' in a context, not because it is an exact match.
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5 hrs

limited to making whole the damage / limited to making the plaintiff whole from the damage


books.google.com/books?id=BsYoAAAAYAAJ : Thomas Johnson Michie . Law reports, digests, etc. "... principle in view, courts apply it to the particular case so as to ascertain with the greatest certainty what the injury is, and thus to make whole the damage done."

leagle.com/get_cited/14%20Wis.2d%2057‎ : Malco v. Midwest Aluminum Sales. "...Compensatory damages are given in attempt to make whole the damage or injury suffered by the injured party. Punitive damage is given on the basis of ..."

www.animallaw.info/articles/arus60smulrev3.htm‎ : "Compensatory damages narrowly focus on the plaintiff--specifically, making the plaintiff whole from the harm suffered in the case before the court. [FN318] ..."

books.google.com/books?id=k9szAQAAMAAJ : Vermont. Supreme Court. "The object of this suit is not to punish Brown for his perjury, but to make the plaintiff whole from the injury he has sustained from the defendant's wrongful act..."

trace.tennessee.edu/.../viewcontent.cgi?...‎ : University of Tennessee... R.A. Bales. "...statutes serves to make the plaintiff whole from injuries suffered as a result of a violation.200. Additionally, the deterrent function serves to protect a much larger ..."



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Note added at 5 hrs (2014-01-31 06:12:29 GMT)
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A bit oddly, but such is the language, the award intended to make a plaintiff whole is expressed in the plural (e.g., 'award of compensatory damages') but the harm suffered is generally in the singular (e.g., 'to make the plaintiff whole from the damage' or 'to make the damage whole') ......... Just by way of example: 'to make whole the damage' (5,350 Google results) vs 'to make whole the damages' (93 results).
Example sentence:

In our estimation, the suit goes beyond any reasonable calculation limited to making whole the damage; indeed, in our opinion, there is a motive of enrichment and an attempt to take advantage of the accident.

In our estimation, the suit goes beyond any reasonable calculation limited to making whole the damage; indeed, in our opinion, there is a motive of enrichment and an attempt to take advantage of the accident.

Note from asker:
Thank you Pablo Julián.
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+1
6 hrs

that just cover the damage

We consider the claim escapes any fair calculation that just cover the damage and that there is a desire for taking advantage and making money out of the accident.
Note from asker:
Gracias Carlos.
Peer comment(s):

agree Andrée Goreux : Poor little insurance companies - people are so nasty and try to get money from them! Snif snif ...
21 hrs
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9 hrs

only to repair damages

A slightly different option and now with a better citation:
"In order to receive the aid the beneficiary has to engage to repair the damages incurred. To prevent a circumvention of this engagement the beneficiary has to provide written evidence that the aid was used as foreseen. In case that a beneficiary received more than € 25,000 a tax accountant or an auditor is required to confirm that funds were used only to repair damages caused directly by the flood and that no over-compensation took place."
Note from asker:
Thanks again Hans.
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1 day 17 hrs

strictly making up for the harm done

BrE damage = loss, injury or harm does
Damages = compensation payable (AmE) also the harm done.


Example sentence:

The required intent for intentional torts is the desire to cause harm. c. The required intent for ... 2. Damages that make up for the harm caused

Note from asker:
Thank you Tom.
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