Glossary entry

German term or phrase:

nach pflichtgemäßem Ermessen

English translation:

at its own discretion, exercising all due care and diligence

Added to glossary by Beate Lutzebaeck
Feb 27, 2002 11:13
23 yrs ago
44 viewers *
German term

nach pflichtgemäßem Ermessen

German to English Law/Patents Law: Contract(s)
Phrase appears in the terms and conditions of an electronics company:
Reicht die Firma A zur Verfügung stehende Warenmenge zur Befriedigung aller Besteller nicht aus, so ist die Firma zur Kürzung aller Lieferverpflichtungen nach pflichtgemäßem Ermessen berechtigt.
Change log

Jun 28, 2010 12:23: Steffen Walter changed "Field (specific)" from "(none)" to "Law: Contract(s)"

Proposed translations

8 hrs
Selected

at its own discretion, exercising all due care and diligence

Suggested translation:
"Where A does not have sufficient goods products, etc] at its disposal to provide all purchaser as required, the company shall be [is] entitled to reduce all its supply obligations at its own discretion, exercising all due care and diligence."

This is standard legalese. Ermessen = discretion; pflichtgemäß = due care and diligence, meaning A may exercise discretion, but not willy-nilly - they are required to take into consideration what's appropriate, etc.

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4 KudoZ points awarded for this answer. Comment: "Thanks - that's really helpful!"
1 hr

as dutifully judged fit

or appropriate
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1 hr

in due consideration

seems to fit and is understandable "legalese"
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2 hrs

after a due assessment of the circumstancess

X is entitled to make this decision essentially at his own discretion after dully assessing the circumstances.
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7 hrs

after due consideration.

The firm is authorized after due consideration to...
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