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wegen Nichterfüllung verlangen

English translation: demand (payment of) damages for non-performance

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13:59 Mar 27, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: wegen Nichterfüllung verlangen
This is from Lieferungs- und Zahlungsbedingungen and pertains to default on delivery by the seller.


"Nach erfolglosem Ablauf der Nachfrist ist er (der Kunde) berechtigt, durch schriftliche Erklärung uns gegenüber vom Vertrag zurückzutreten oder Schadensersatz wegen Nichterfüllung zu verlangen."

For the phrase "Schadenersatz wegen Nichterfüllung verlangen" von Eichborn gives: sue in tort for conversion. Is that the going formulation, or something more along the lines of "sue for non-performance" ?

TIA, Beth
Beth Kantus
United States
Local time: 02:07
English translation:demand (payment of) damages for non-performance
Explanation:
We often leave out "payment of," it being understood that when we demand damages we mean that we are demanding for damages done.
Actually the word "damages" has come to mean reimbursement or indemnification of or for damages.
Selected response from:

Dr. Fred Thomson
United States
Local time: 00:07
Grading comment
Thank you again so much for your help!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +2demand (payment of) damages for non-performance
Dr. Fred Thomson
4 +1claim damages for non-fulfilmentChris Rowson
4 +1demand compensation due to failure to perform
NickWatson


  

Answers


6 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
demand compensation due to failure to perform


Explanation:
standard legal expression

NickWatson
Germany
Local time: 08:07
Native speaker of: English
PRO pts in pair: 36

Peer comments on this answer (and responses from the answerer)
agree  AmiHH: I use that or due to "non-performance."
41 mins
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21 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
claim damages for non-fulfilment


Explanation:
The word "tort" is, in my experience, used only in court and in court-related matters - I have not seen it in a contract.

"Sue" is less off-the-street, but I´m not sure you would find it in an English contract.

Hence my suggestion. "Claim damages for compensation" is possible but redundant.



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Note added at 2002-03-27 15:52:09 (GMT)
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After seeing Fred´s proposal, I realise I have inverted the fuller form: it should be \"compensation for damages\". As he says \"payment of\", or here \"compensation for\" is often left out, being understood.

Chris Rowson
Local time: 08:07
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 768

Peer comments on this answer (and responses from the answerer)
agree  Elvira Stoianov
35 mins
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +2
demand (payment of) damages for non-performance


Explanation:
We often leave out "payment of," it being understood that when we demand damages we mean that we are demanding for damages done.
Actually the word "damages" has come to mean reimbursement or indemnification of or for damages.

Dr. Fred Thomson
United States
Local time: 00:07
Native speaker of: English
PRO pts in pair: 5861
Grading comment
Thank you again so much for your help!

Peer comments on this answer (and responses from the answerer)
agree  gangels
18 mins

agree  Michael Sebold
4 hrs
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