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elháríthatatlan magatartás

English translation: unpreventable conduct

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Hungarian term or phrase:elháríthatatlan magatartás
English translation:unpreventable conduct
Entered by: Meturgan

17:19 Feb 13, 2006
Hungarian to English translations [PRO]
Law/Patents - Law (general) / regulations
Hungarian term or phrase: elháríthatatlan magatartás
Nem terheli a Munkahelyet az anyagi felelősség ebben az esetben sem, ha a dolgozó elháríthatatlan magatartása okozta a kárt
Alan Campbell
Local time: 23:11
unpreventable conduct
Explanation:



Centex does not argue that Anderson’s alleged UNPREVENTABLE CONDUCT goes to the cited standard. Rather, the UNPREVENTABLE CONDUCT was in relation to the 100% tie off rule. The affirmative defense of UNPREVENTABLE EMPLOYEE MISCONDUCT requires that the employer have a work rule in place designed to prevent the alleged violation. The defense will not prevail where, as here, the work rule does not correlate to the cited standard. Power Plant Division, Brown & Root, Inc., 10 BNA OSHC 1837 (No. 77-2253, 1983).




Petitioner New York State Electric & Gas Corporation appeals from an order of the Occupational Safety and Health Review Commission affirming two citations issued for its alleged failure to comply with safety standards. Petitioner contends that the complaint in this action was improperly amended, that the Commission improperly allocated the burden of proof with respect to the employer's knowledge of the safety lapses, that it was improper to conclude that petitioner had such knowledge, and that the lapses constituted UNPREVENTABLE EMPLOYEE MISCONDUCT.
Set aside, in part, affirmed, in part, and remanded for further proceedings.
Selected response from:

Meturgan
Hungary
Local time: 23:11
Grading comment
This example contains the meaning that corresponds to the original. The other suggestions imply that the person engaging in the conduct cannot avoid/avert it. Thank you.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2unpreventable conduct
Meturgan
4 +2unavoidable conduct
denny (X)
4unavertable conduct
Ildiko Santana
4unavoidable behaviour
Michael Moskowitz
4inexorable conduct
Eva Blanar


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
elháríthatatlan magatartás
unavertable conduct


Explanation:
Az *elháríthatatlan magatartás* kifejezés nagyon ritkán fordul elő magyar joganyagokban, azt hiszem csupán adózási témában találkoztam eddig vele, illetve talán a Tisza szennyezési ügy kapcsán. A jogi nyelvben a *magatartás* angol megfelelője *conduct*, nem "behavior". Az *elháríthatatlan* leginkább *unavertable*, de pl. az *elháríthatatlan ok* az *vis major*, nem *unavertable cause*... (Nem egyszerű ez a legalese! =) Én a fenti megoldást javaslom.

Ildiko Santana
United States
Local time: 14:11
Specializes in field
Native speaker of: Native in HungarianHungarian, Native in EnglishEnglish
PRO pts in category: 229
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37 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
elháríthatatlan magatartás
unavoidable behaviour


Explanation:
szerintem igy.

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Note added at 1 hr (2006-02-13 18:59:08 GMT)
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Uf you give more context, you may get better answers. You may want to go to Hungarian monolingual forum for an explanation. If I am not mistaken,you have asked for a translation, not for an explanation.

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Note added at 2 hrs (2006-02-13 19:21:55 GMT)
--------------------------------------------------

Uf you give more context, you may get better answers. You may want to go to Hungarian monolingual forum for an explanation. If I am not mistaken,you have asked for a translation, not for an explanation.

Michael Moskowitz
Local time: 17:11
Works in field
Native speaker of: Native in EnglishEnglish, Native in RussianRussian
PRO pts in category: 11
Grading comment
Unless you can say what this English phrase means in the context, I cannot see that this is any more than a literal translation straight from the dictionary.
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The asker has declined this answer
Comment: Unless you can say what this English phrase means in the context, I cannot see that this is any more than a literal translation straight from the dictionary.

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
elháríthatatlan magatartás
unavoidable conduct


Explanation:
1. Ildiko is right - conduct is more appropriate than behaviour.
2. "unavavertable conduct" -this would have the intended meaning but there must be a reason why there is no (few?) web occurrances.
3. Moskowitz is right - unavidable is far better than the alternatives, esp. uncontrollable (which means essentially that the person is out of control, which is not the case here).
So I combine the two better choices. There are a few examples in legal texts to be found, incidentally one of the mis translated from Hungarian.
http://europa.eu.int/comm/employment_social/fundamental_righ...
"No damages shall be paid if they occurred as a result of the unavoidable conduct of the person injured".
Sounds pretty similar...

--------------------------------------------------
Note added at 2 hrs (2006-02-13 20:05:30 GMT)
--------------------------------------------------

The devil...
I wrote: "...one of the mis translated from Hungarian". Happily, not mis-translated :)
What I meant: ... one of them is translated from Hungarian

denny (X)
Local time: 16:11
Native speaker of: Hungarian
PRO pts in category: 108

Peer comments on this answer (and responses from the answerer)
agree  Andras Mohay (X): Igen, s olykor "inevitable conduct"
56 mins
agree  Krisztina Lelik
1 hr
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5 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +2
elháríthatatlan magatartás
unpreventable conduct


Explanation:



Centex does not argue that Anderson’s alleged UNPREVENTABLE CONDUCT goes to the cited standard. Rather, the UNPREVENTABLE CONDUCT was in relation to the 100% tie off rule. The affirmative defense of UNPREVENTABLE EMPLOYEE MISCONDUCT requires that the employer have a work rule in place designed to prevent the alleged violation. The defense will not prevail where, as here, the work rule does not correlate to the cited standard. Power Plant Division, Brown & Root, Inc., 10 BNA OSHC 1837 (No. 77-2253, 1983).




Petitioner New York State Electric & Gas Corporation appeals from an order of the Occupational Safety and Health Review Commission affirming two citations issued for its alleged failure to comply with safety standards. Petitioner contends that the complaint in this action was improperly amended, that the Commission improperly allocated the burden of proof with respect to the employer's knowledge of the safety lapses, that it was improper to conclude that petitioner had such knowledge, and that the lapses constituted UNPREVENTABLE EMPLOYEE MISCONDUCT.
Set aside, in part, affirmed, in part, and remanded for further proceedings.



    Reference: http://www.oshrc.gov/decisions/pdf_1999/97-0594.pdf
    Reference: http://laws.lp.findlaw.com/2nd/954073.html
Meturgan
Hungary
Local time: 23:11
PRO pts in category: 8
Grading comment
This example contains the meaning that corresponds to the original. The other suggestions imply that the person engaging in the conduct cannot avoid/avert it. Thank you.

Peer comments on this answer (and responses from the answerer)
agree  aradek
4 hrs
agree  juvera
19 hrs
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13 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
elháríthatatlan magatartás
inexorable conduct


Explanation:
szerintem


    Reference: http://www.allwords.com/word-inexorable.html
Eva Blanar
Hungary
Local time: 23:11
Works in field
Native speaker of: Hungarian
PRO pts in category: 44
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