Glossary entry

French term or phrase:

appeler en garantie

English translation:

to implead

Added to glossary by Helen Jordan
Oct 19, 2004 10:12
19 yrs ago
19 viewers *
French term

appeler en garantie

French to English Law/Patents Law (general)
In a legal document

M XYZ has been taken to court by a company who is asking for him to be ordered to repay salary paid to him because he hasn't done work set out in his employment contract.

M.XYZ a présenté des demandes reconventionelles, pour un montant sensiblement équivalent aux demandes des demandeurs et a appelé le Président de [Company name] en garantie des condamnations possibles.

TIA for any help

Discussion

Tony M Oct 19, 2004:
Try sarching the glossaries for 'appel en garantie', there are a number of questions covering this, and I think some of the terms and discussion there should be of assistance with your question...
Non-ProZ.com Oct 19, 2004:
Glossaries says 'implead', but I don't think this word is in common UK English usage.

Proposed translations

+1
12 mins
Selected

to implead

I have changed. I can't find 'call in warranty' in Internet




Subject Law - Legislation - Jurisprudence (JU)




(1)
TERM appeler en garantie

Reference Le Docte,Dictionnaire des termes juridiques,Oyez,Brussels 1978



(1)
TERM to implead

Reference Le Docte,Legal Dictionary,Oyez,Brussels 1978

Peer comment(s):

agree Bourth (X)
1 hr
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3 KudoZ points awarded for this answer. Comment: "Thanks!"
26 mins

invoked the president's liability

By "appelant en garantie" his boss, he's basically saying "it wasn't my fault". Implead is simply to sue which does't really fit here.
Peer comment(s):

neutral Bourth (X) : Since it's a company, the Chairman will not (normally) be personally liable, will he? But yes, this is the gist. XYZ WANTS the Chairman to be held liable (presumably company bankruptcy is on the horizon!)
1 hr
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+1
1 hr

join as 3rd Party

Usual sense.
Peer comment(s):

agree Adrian MM. (X)
701 days
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1 hr

The point is

taht while "implead" might not be common everyday UK (or anywhere else) English (I've certainly never had call to use the word!), it IS legalese, and that is your register.

Though an argument was advanced by the learned counsel for the appellant that the suit was hit by Order 2 Rule 2 C.P.C., the counsel could not substantiate the same as it was not a case of forgoing or relinquishing a part of the claim and filing a suit for the remaining claim, but it was a case where the creditor had failed to implead the guarantor or the surety along with the principal debtor at the time of filing the earlier suit. The court below had taken the view that the guarantee being a continuing one and as the appellant had not revoked the guarantee as stipulated therein and the liability of the principal debtor was kept alive consequent on the decree obtained by the bank, the suit was not barred by limitation.
[http://www.keralawyer.com/03KLC-817.html]

In an action brought by the secretary under this section, a responsible person may implead, or in a separate action a responsible person may sue, another responsible person or persons and may obtain contribution or indemnification.]*
[http://www.leg.state.vt.us/DOCS/1994/ACTS/ACT029.HTM]

Any director sued under this section may implead all other
directors liable and may compel contribution, either in that action
or in an independent action against directors not joined in that
action.
[http://caselaw.lp.findlaw.com/cacodes/corp/12370-12377.html]
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