Glossary entry

Dutch term or phrase:

Onrechtmatige daad

English translation:

wrongful act

Added to glossary by Hikmat Gumilar
Jun 22, 2008 14:45
15 yrs ago
6 viewers *
Dutch term

Onrechtmatige daad

Dutch to English Law/Patents Law (general) commercial law
Found in Indonesian lawsuit document.
Is it wrongful act, illegal act or prejudice?
Proposed translations (English)
4 +6 wrongful act
4 +3 Tort
4 +2 unlawful act
4 wrongful act
3 illegal act

Discussion

Hikmat Gumilar (asker) Jun 23, 2008:
Context one shipping company refused to pay the goods belong to a forwarding company which were damaged due to a sea collision.
Adrian MM. (X) Jun 23, 2008:
Can we have some more context as the trans. can go many ways? Tort is already in the glossaries and act of mal-/misfeasance would fit an employee, director or public servant scenario. www.wikiwords.org/dictionary/(jur):_onrechtmatige_daad/2346...

Proposed translations

+6
18 mins
Selected

wrongful act

A wrongful act in a civil suit comprises more than just illegal acts, e.g. damages done to the plaintiff that may or may not be the result of illegal acts.

Think of O.J. Simpson, for example, who was not convicted of murder but was still held liable for damages to the victims' families in a civil suit.
Peer comment(s):

agree Kalyani Jog
1 hr
Thank you Kalyani.
agree jarry (X)
1 hr
Thank you Jarry. I see the possibility of using both 'tort' (in the preamble and description of the suit) and 'wrongful act' later on when the actual acts are described. Would have to see more context.
agree writeaway : given the total lack of context, this 'KIS' solution may be safest ;-)
2 hrs
Thank you writeaway.
agree Kitty Brussaard
4 hrs
Thanks Kitty.
agree sindy cremer
19 hrs
agree wendyzee (X)
2 days 3 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks Tina and everyone"
+3
6 mins

Tort

http://www.lectlaw.com/def2/t032.htm
TORT - A negligent or intentional civil wrong not arising out of a contract or statute. These include "intentional torts" such as battery or defamation, and torts for negligence.

A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. (Some acts like battery, however, may be both torts and crimes; the wrongdoer may face both civil and criminal penalties.)

Under traditional law, family members were prohibited from suing each other for torts. The justification was that allowing family members to sue each other would lead to a breakdown of the family. Today, however, many states recognize that if family members have committed torts against each other, there often already is a breakdown in family relationships. Thus, they no longer bar members from suing each other. In these states, spouses may sue each other either during the marriage or after they have separated.

Normally, tort lawsuits against a spouse are brought separate and apart from any divorce, annulment or other family law case. Alabama, Georgia, Nevada, New York and Tennessee, however, allow or encourage combining the tort case with the family law case; New Jersey requires it.

The jurisdictions that still prohibit one family member from suing another include Arizona, Delaware, Hawaii, Illinois, Iowa, Louisiana, Missouri, Ohio, Texas, Utah, Wyoming and Washington, D.C. These places may make an exception when the tort is intentional. See, for example, Bounds v. Candle, 611 S.W.2d 685 (Texas 1980); Townsend v. Townsend, 708 S.W.2d 646 (Missouri 1986) and Green v. Green, 446 N.E.2d 837 (Ohio 1982).

An injury; a wrong; hence the expression "an executor de son tort", of his own wrong.

Torts may be committed with force, as trespasses, which may be an injury to the person, such as assault, battery, imprisonment; to the property in possession; or they may be committed without force. Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal or encorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance.
Peer comment(s):

agree Lianne van de Ven : I see!
5 mins
Thank you
agree Tina Vonhof (X)
56 mins
Thank you
agree Kitty Brussaard
4 hrs
Thank you
Something went wrong...
9 mins

illegal act

in general, or "crime" depending on purpose.
http://www.britannica.com/EBchecked/topic/431506/ordinary-il...
Peer comment(s):

neutral Kitty Brussaard : 'Onrechtmatig' is a wider notion than 'onwettig'. See f.i. nl.wikipedia.org/wiki/Onrechtmatige_daad_(Nederland)
4 hrs
Something went wrong...
1 hr

wrongful act

have often seen the the Dutch term translated as wrongful act, it is a lieral translation, but does fit the bill.


Peer comment(s):

neutral writeaway : answer already posted by Tina
26 mins
Something went wrong...
+2
7 hrs

unlawful act

Juridisch lexicon (Kluwer)
alternative to wronglful, which also correct
Peer comment(s):

agree Buck
9 hrs
agree Adrian MM. (X) : the extra context supplied by the asker suggests refusal to pay - so unlawful.
21 hrs
neutral jarry (X) : Unlawful = illegal. See JM Lianne van de Ven's answer and comment on that answer.
22 hrs
Something went wrong...
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