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Terms in this set (47)
to breach (a contract)
(einen Vertrag) brechen
Kündigung, "blauer Brief"
Usually, contract formation occurs when an offer is accepted.
A new offer made by one party to another party is called a counter-offer
The price and the subject matter of a contract are the essential terms of a contract
A contract which is not in written form but has been expressed in spoken words is called an oral contract.
Under a contract, a party has obligations (that is, certain things it has to do)
When a party does not do what it has promised to do under a contract, it can be sued for breach of contract
A court can award damages to the non-breaching party.
enter into (a contract)
(einen Vertrag) eingehen
to rely on
auf etwas verlassen
to comply with (its terms)
(die Bedingungen) erfüllen
to assent to
to refrain from
to be obliged to
müssen, verpflichtet sein
to accrue to
zufliessen, dazu kommen
to undertake (a job), a legal burden)
1. = to accept
2. übernehmen, z.B. Verantwortung. Ähnlich "to promise"
detrimental (adj., legal)
1. "legal detriment": when he/she gives up a legal right or undertakes a legal burden.
2. (nicht jur.) schädlich (wie z.B. Rauchen)
In legal terms means refraining from doing something one has a legal right to do, e.g. deliberately choosing not to claim for a debt.
to refrain (from)
(etwas) unterlassen, (von etwas) absehen
to waive (something)
auf etwas verzichten, etwas aufgeben
compensatory damages, also actual damages
Schadenersatz / Ersatz des tatsächlichen Schadens
C.d. cover the loss the non breaching party incurred as a result of the breach of contract. The amount
awarded is intended to make good or replace the loss caused by the breach.
punitive damages, also exemplary damages
Schadenersatz, i.S.v. Entschädigung mit Strafcharakter
p. d. are awarded to a party in order to punish or make an example of a wrongdoer who/that has acted
willfully, maliciously or fraudulently. Unlike compensatory damages that are intended to
cover actual loss, punitive damages are intended to punish the wrongdoer for intolerable behavior and to deter others from acting in a similar manner. Punitive damages are awarded in addition to compensatory damages.
the other party to be forced to perform the contract
to deter from
von etwas abschrecken/abhalten
to be deemed (to deem)
gelten als (gelten)
An agreement does not have to take a specific written form in order to be deemed in a binding contract.
This clause defines the products and/or services being dealt with by the contract. It may refer to a list of products and/or services contained in one of the schedules to the contract. In addition, the clause may provide that the list may be altered by agreement between the parties.
The prices to be paid for the products and services may actually be contained in a schedule to which this clause will refer. In addition to stating the prices at which the products and services are to be sold, the prices clause may also contain the following information:
- The currency in which transactions are to take place
- The basis for variation of prices
- The basis for giving discounts
terms of payment
This clause deals with the basis on which payments shall be made. It may contain the following information:
- The time period within which payment must be made
- The level of interest charged on late payment
- Any arrangements for credit facilities
commencement and termination
Start und Ende
This clause sets out when the contract starts and finishes. This may be expressed in terms of specific dates, or it may be expressed on the basis of particular events occurring. Such clauses often also contain provisions dealing with:
- Circumstances under which the contract can be extended and for how long
- Any events which would automatically terminate the contract
- The manner in which either party may terminate the contract where there has been a material breach by the other party
procedure of termination
Vertragsende (was nachher gemacht werden muss)
This clause sets out any procedures which the parties agree to follow after the agreement has been terminated. These particularly relate to the return of samples, specimens and technical and advertising material by an agent to a principal in the case of an agency agreement. They may also relate to the destruction of any confidential material acquired in the course of the contract.
retention of title
This clause usually specifies that where goods are being transferred from one party to the contract to another, ownership of the goods does not change until the second party pays for the goods.
Rechtsstand, herrschendes Recht (bei internat. Verträgen)
This clause states which national law governs the contract and which court has jurisdiction in the event of disputes arising from the contract. It is an essential clause in cases in which the parties are situated in different countries, since the manner in which a contractual breach is interpreted in the law of one country may differ significantly from the practice in the law of another country.
gesamte Vereinbarung (letzte Version nach Verhandlungen)
This clause usually specifies that the written contract contains the whole of the agreement between the parties and overrides any previous oral and written agreements. It may also specify that any variation of the terms of the contract must be in the form of a written document.
A limited warranty is a warranty which is limited in extent or time. For example, in a sale of goods contract, the seller might warrant that the goods sold were free of defects for a period of one year from the date of purchase. The seller might also limit the warranty by, for example, stating that the warranty is only available if the buyer could show that certain manufacturer's recommendations had been followed in using the goods.
Force majeure is French for irresistible compulsion or coercion. This clause specifies circumstances which the parties agree to regard as being beyond their reasonable control. The effect of this is that if one of these circumstances arises, and the contract is breached as a result, neither party can be held liable.
Examples of circumstances which are often regarded as constituting force majeure include industrial disputes or strikes, outbreak of war and natural disasters.
condition (-> essential term)
Bedingung (zwingend) -> Bei Nichteinhaltung kann der Vertrag aufgelöst werden
warranty (-> non essential term)
Bedingung (NICHT zwingend) -> Bei Nichteinhaltung kann der Vertrag NICHT aufgelöst werden, nur Schadenersatz (damages) eingeklagt werden.
good chance to win
strong argument/compelling case/good reason.
to be in breach of
to have not fulfilled a part of a contract
Verlass, Vertrauen, to rely on
to terminate a contract
to end a contract
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