This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
travure
abus de faiblesse

Glossary entry

French term or phrase:

abstention préjudiciable

English translation:

causing harm by an act of omission

Added to glossary by Lara Barnett
Sep 21, 2014 15:33
9 yrs ago
1 viewer *
French term

abstention préjudiciable

French to English Social Sciences Law (general) Police enquiry letter
This is from a police request letter, asking the director of a mobile phone company for information with regard to a fraud which has taken place amongst fraudsters.

Can we say "abstention without prejudice", or do we have another fixed term for this? The context reads:

"Abus frauduleux de l’ignorance ou de la faiblesse d’un mineur pour le conduire à un acte ou une abstention préjudiciable, escroquerie"
Proposed translations (English)
4 +1 causing harm by an act of omission
3 harmful omission
3 unfairly prejudicial omission (or nonfeasance)
References
préjudiciable = harmful?
Change log

Sep 21, 2014 17:20: writeaway changed "Field" from "Bus/Financial" to "Social Sciences"

Discussion

Lara Barnett (asker) Sep 22, 2014:
@ all contributors to my question Thank you for all your comments, I am sure that you may go on to discuss this further and a better term may come up. However, I now have to send the translation off as it is due now and my answer has been chosen. All answers and comments were very relevant to the discussion, but I have gone with BD Finch's answer. Thank you again.
Thomas T. Frost Sep 22, 2014:
Interesting @Finch interesting article, thanks. So in English law, we have the act of commission for things we do, intentionally or not, act of omission for deliberate omissions, and just plain omission for unintentional omissions. In the French term to translate, we must presume it's based on French law, and we furthermore don't know if it refers to intentional or unintentional omission. Furthermore, in French law, omission can be punishable also in some cases where it was unintentional.
B D Finch Sep 22, 2014:
@Thomas According to http://compass.port.ac.uk/UoP/file/94c2eac7-005a-470c-bab0-9... the critical issue in England and Wales is whether or not there is a duty of care, which seems not to apply to strangers. That means the French 'Non-assistance à personne en danger' provides a higher level of responsibility for others and the test has to be knowledge and intention rather than the relationship between the parties.

However, the reference to the House of Lords debate cited in my answer indicates that the law makers do consider intention essential. If Janine hadn't noticed that Barry had fallen over the cliff, her failure to rescue him could not have been an intentional act of omission. Her omission to look over the cliff edge would only have been an act of omission if she thought Barry might have fallen over the edge (mens rea).
Thomas T. Frost Sep 22, 2014:
Omission = Act or not? @B D Finch The question is interesting. There is a Wikipedia article debating omission here: http://en.wikipedia.org/wiki/Omission_(criminal_law) . I agree that we cannot generalise and conclude that Israeli legal practice is the same everywhere, and I didn't say that either. What I said was that at least some legal systems distinguish. Do you have any sources to validate the view that omission is an act if intentional? 'Non-assistance à personne en danger' is a good example from French law of a punishable omission, btw.
DLyons Sep 22, 2014:
Old tag (which proves nothing) Thou shalt not kill; but needst not strive,
Officiously to keep alive.

Clough, The Latest Decalogue.
B D Finch Sep 22, 2014:
@Thomas Frost Your reference would be more convincing if it came from an English-speaking source and from an actual professor. An "Assistant Professor" in Israel (as they use the US terminology) is only equivalent to a UK lecturer (not even a senior lecturer). An omission can be inadvertent, in which case it is not an "act of omission", or deliberate, in which case it is an "act of omission".
Thomas T. Frost Sep 22, 2014:
Act and omission @B D Finch, see the first link in my contribution, pointing to a Word document written by Dr. Roni Rosenberg, Asistant Professor at the Carmel Academic Center Law School and lecturer in criminal law at Bar Ilan University, Israel, that includes a discussion of the distinction between act and omission:

"The distinction between act and omission is deeply embedded in our legal thinking. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die."

I'm not a legal specialist in that, but it seems that at least some legal systems distinguish act and omission (but not in the sense that omission cannot have consequences; of course it can - if you fail to file your tax return (omission), there will still be consequences).
B D Finch Sep 22, 2014:
@DLyons I believe that an omission is an act if it is intentional.
Daryo Sep 21, 2014:
"abstention without prejudice" ? that would be the translation for "abstention sans préjudice", whatever that could be be; OTOH "sans préjudice" sounds to me rather like the opposite of "préjudiciable" but that's just my opinion...
DLyons Sep 21, 2014:
Isn't it "an act or omission prejudicial to ..."?
Thomas T. Frost Sep 21, 2014:
Why "without"? Why do you want "without" in it? As far as I understand it, it means 'harmful/prejudicial abstention', i.e. by not doing something (for example not cancelling an order or subscription), harm is caused. But whether there is a specific legal term for that in English, I don't know.

Proposed translations

+1
18 hrs
Selected

causing harm by an act of omission

In your context, this would be causing harm by acts of omission or commission.

Note that either an omission or a commision is considered to be an "act".

northumberlandlscb.proceduresonline.com/.../p_childhood_neg.html
It is important to understand whether the behaviour of the carer is an act of omission or ... acts of commission is doing an act or acts deliberately designed to cause harm. ... the failure to have their needs met is an act of omission or commission.

www.law.cornell.edu/cfr/text/32/154.7
1 Jul 2013 - (a) Commission of any act of sabotage, espionage, treason, terrorism, ... (i) Acts of omission or commission that indicate poor judgment, ...


--------------------------------------------------
Note added at 18 hrs (2014-09-22 09:52:24 GMT)
--------------------------------------------------

https://www.econ.iastate.edu/.../status_quo_effects_february...
by JC Cox - ‎2013 - ‎Cited by 6 - ‎Related articles
Both the law and culture make a central distinction between acts of commission ... Acts of commission vs. acts of omission have important implications for legal decisions.

--------------------------------------------------
Note added at 19 hrs (2014-09-22 10:56:25 GMT)
--------------------------------------------------

https://www.gov.uk/...data/.../p28_understanding_cumulative_...
It can help with substantiation of neglect if the accumulation of acts of omission or commission resulting in the child suffering, or likely to suffer, significant harm ...

http://www.northernalliance.co.uk/property-owners-insurance/...
"We are confident that the covers provided by Northern Alliance are market leading within the property insurance market. Does your current insurance provider offer the following covers as standard –
... Inadvertent Omission to Insure £1,000,000 any one loss (where a property has been inadvertently left uninsured)"

"I ask if the burden of proof is to rest on the complainant, and the discriminator as an adversary will be better armed than she—probably better financed and with better legal advice—is it not unreasonable if, in addition to proving that the act of omission took place, she must show that it was also intentional? I beg to move.

"§ Lord HARRIS of GREENWICH

"As the noble Baroness said, there was discussion on this point in another place. The first point I should like to make is that Amendment No. 79 would not have the effect of including inadvertent omissions. The reason is that where an omission is made unlawful in the Bill—for example, Clauses 6(1)(c), 22(b) and 29(1)(a)—the relevant provisions relate to deliberate omissions only. I doubt, therefore, whether the Amendment would have any practical effect of any kind."
http://hansard.millbanksystems.com/lords/1975/jul/17/sex-dis...
Peer comment(s):
agree Daryo : there might be some shorter version, but it's exactly that
5 hrs
Thanks Daryo
Something went wrong...
4 KudoZ points awarded for this answer.
1 hr

harmful omission

The first link points to a Word document written by Dr. Roni Rosenberg, Asistant Professor at the Carmel Academic Center Law School and lecturer in criminal law at Bar Ilan University, Israel, that includes a discussion of the distinction between act and omission:

"The distinction between act and omission is deeply embedded in our legal thinking. Criminal law makes a significant distinction between harmful actions and harmful omissions and, consequently, between killing and letting die. "

The term is also used in an Oxford Journal article (linked).
Reference:

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ved=0CCcQFjAB&url=http%3A%2F%2Fworks.bepress.com%2Fcontext%2F

http://scan.oxfordjournals.org/content/7/8/888.full

Something went wrong...
1 hr

unfairly prejudicial omission (or nonfeasance)

It's an omission with and not without prejudice.

Again, taken from UK company law, but no reason why cannot be extended to the criminal realm.

Also arguably a forbearance or non-feasance.




Example sentence:

nonfeasance: Failure to carry out an act required by law, or failure to perform a duty or satisfy an obligation, such as the timely repayment of a loan

Reference:

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

http://www.businessdictionary.com/definition/nonfeasance.html#ixzz3DyEqwkk8

Something went wrong...

Reference comments

43 mins
Reference:

préjudiciable = harmful?

found lots of references to indicate this

--------------------------------------------------
Note added at 44 mins (2014-09-21 16:17:46 GMT)
--------------------------------------------------

can't vouch for this reference, however...


Responsibility and Fault - Page 64 - Google Books Result
books.google.co.uk/books?isbn=1841130052
Tony Honoré - 1999 - ‎Law
This helps to explain, I believe, why positive harm-doing is on the whole viewed as worse than harmful abstention, which threatens our security interests only
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search