Apr 6, 2010 03:31
14 yrs ago
1 viewer *
German term

stellen

German to English Law/Patents Law: Contract(s)
Sollte der Auftragnehmer gegen einer dieser Verpflichtungen verstoßen, so hat er den Auftraggeber so zu stellen, wie dieser stünde, wenn der Auftragnehmer seiner Verpflichtung vollumfänglich nachgekommen wäre.
Proposed translations (English)
3 +1 restore to the position

Proposed translations

+1
22 mins

restore to the position

I'm not completely sure about this, but I think this is the meaning.

Should the contractor breach any of these obligations, he shall restore the client to the position that he would have been in if the contractor had fully complied with his obligations.

On a breach of contract by a defendant, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises (known as an "expectation measure" or "benefit-of-the-bargain" measure of damages).

When it is either not possible or not desirable to award damages measured in that way, a court may award money damages designed to restore the injured party to the economic position they occupied at the time the contract was entered (known as the "reliance measure"), or designed to prevent the breaching party from being unjustly enriched ("restitution") (see below).

http://en.wikipedia.org/wiki/Damages
Peer comment(s):

neutral David Wright : "put" or "place" might be better, since restore implies creating a situation that once existed, which isn't the case here (but this may just be quibbling!)
4 hrs
Point taken.
agree Paul Skidmore : with David
10 hrs
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