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  3. Law: Contract(s)

vertragsuntypische Schäden & Kardinalspflicht

English translation: see explanation

08:18 Sep 26, 2000
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: vertragsuntypische Schäden & Kardinalspflicht
Bei grober Fahrlässigkeit haftet X nicht für vertragsuntypische Schäden.

Die wesentliche Vertragspflicht (Kardinalspflicht) wurde nicht verletzt.

I know that Kardinalspflicht refers to an obligation (contractual duty) that has to be fulfilled or a main task. But how waht is it called in English?
Frank
English translation:see explanation
Explanation:
Unless anybody else has a better suggestion, I think paraphrasing is the only answer. In English language legal documents, the phrase 'reasonably be expected' is I think the way of expressing 'typisch'. 'vertragstypisch' I would say means 'that could reasonably be expected to occur during the execution of the contract', and the whole sentence could be expressed as 'In cases of gross negligence, X bears no responsibility for damage that could not reasonably be expected to occur during the execution of the contract.'

I can find no hits at all for 'cardinal duty' at search engines. I think you have hit on it when you say 'contractual duty'. Couldn't you say something like: 'This does not constitute a violation of contractual duty.'

Hope this goes some way towards helping.
Selected response from:

Tim Drayton
Cyprus
Local time: 20:04
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4 KudoZ points were awarded for this answer



Summary of answers provided
nasee explanation
Tim Drayton
naKardinalspflicht is the main duty/obligation under the contract
Elisabeth Moser


  

Answers


47 mins
see explanation


Explanation:
Unless anybody else has a better suggestion, I think paraphrasing is the only answer. In English language legal documents, the phrase 'reasonably be expected' is I think the way of expressing 'typisch'. 'vertragstypisch' I would say means 'that could reasonably be expected to occur during the execution of the contract', and the whole sentence could be expressed as 'In cases of gross negligence, X bears no responsibility for damage that could not reasonably be expected to occur during the execution of the contract.'

I can find no hits at all for 'cardinal duty' at search engines. I think you have hit on it when you say 'contractual duty'. Couldn't you say something like: 'This does not constitute a violation of contractual duty.'

Hope this goes some way towards helping.

Tim Drayton
Cyprus
Local time: 20:04
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
thank you!
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1 hr
Kardinalspflicht is the main duty/obligation under the contract


Explanation:
Kardinal is translated as "main," but
could also mean "basic."
Duden: Kardinal-den Hauptpunkt bildend,
das Wichtigste
Aber: Kardinalfarbe=Grundfarbe

vertragsuntypische Schaeden are losses
/damage claims, which are atypical in relation to the standard contract



    Muret-Sanders, Duden
Elisabeth Moser
United States
Local time: 13:04
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 34
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