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billigend zur Kenntnis nehmen

English translation: to approve

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21:23 Jun 28, 2004
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: billigend zur Kenntnis nehmen
A contractor submitted a change proposal to the contracting agency. Zur Kenntnis nehmen is to acknowledge receipt. Billigen is to approve. My question is, did the contracting agency approve the proposal?

Der öffentlicher Auftraggeber hat die Maßnahme billigend zur Kenntnis genommen, nachdem ihm seitens XX versichert worden war, dass die Baseline "neither cost nor schedule impact" haben würde.
Kim Metzger
Mexico
Local time: 08:52
English translation:to approve
Explanation:
Hi Kim, IMHO this is exactly the same as "to approve".

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Note added at 12 mins (2004-06-28 21:35:27 GMT)
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P.S.: You can\'t approve something without having previously acknowledged it, so the \"zur Kenntnis nehmen\" is redundant here because its meaning is fully included in the \"billigend\".

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Note added at 19 mins (2004-06-28 21:42:24 GMT)
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The contract placing authority approved the measure after XXX assured that the baseline would have \"neither cost nor schedule impact\".
Selected response from:

Olaf Reibedanz
Colombia
Local time: 08:52
Grading comment
Thanks everyone. I think this will do.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1to approve
Olaf Reibedanz
5to note with approvalDavid Moore
4 +1received and approved
Dr. Fred Thomson
3No!Anne Gillard-Groddeck
3Yes...
Derek Gill Franßen


  

Answers


7 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
to approve


Explanation:
Hi Kim, IMHO this is exactly the same as "to approve".

--------------------------------------------------
Note added at 12 mins (2004-06-28 21:35:27 GMT)
--------------------------------------------------

P.S.: You can\'t approve something without having previously acknowledged it, so the \"zur Kenntnis nehmen\" is redundant here because its meaning is fully included in the \"billigend\".

--------------------------------------------------
Note added at 19 mins (2004-06-28 21:42:24 GMT)
--------------------------------------------------

The contract placing authority approved the measure after XXX assured that the baseline would have \"neither cost nor schedule impact\".

Olaf Reibedanz
Colombia
Local time: 08:52
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 76
Grading comment
Thanks everyone. I think this will do.

Peer comments on this answer (and responses from the answerer)
agree  Ann C Sherwin
28 mins
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
Yes...


Explanation:
Yes, I think the contracting agency approved the proposal. Even though I agree with Dr. Thomson that there is a standard legal phrase for this, I don't know if it is being used that way in this context. In any case they are trying to bring across the point that the agency did not respond after the additionally information provided by XX and in not responding expressed their approval of XX's proposal - which is why Olaf's simplified (and logically correct) interpretation might not be enough (IMHO).

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Note added at 1 hr 9 mins (2004-06-28 22:32:13 GMT)
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That should\'ve been: \"additional information provided by...\"

Derek Gill Franßen
Germany
Local time: 15:52
Specializes in field
Native speaker of: English
PRO pts in category: 615
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
No!


Explanation:
In English law a counter offer destroys the original offer.

No matter whether this was "billigend" or not, no contract is formed.

You are faced with the difficulty of phrasing it in vauge terms.

A correct translation might be:

"We have looked upon your proposal and are generally in agreement with it"

... says nothing!

In order for a contract to be formed offer and counter offer have to match precisely.

Vague formulations like this say absolutely nothing.

Counter proposal destroys offer also in
German law I believe.

Anne Gillard-Groddeck
Local time: 15:52
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 39

Peer comments on this answer (and responses from the answerer)
neutral  Derek Gill Franßen: Although this is generally the case under German law as well, something else applies between mechants (which both of these entities are) - see § 362 HGB (German Commercial Code). I don't know if a legal transaction is being described.
1 hr
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41 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
received and approved


Explanation:
acknowledges receipt and gives his approval
While Olaf's logic is correct, i.e., you can't approve it if you're not aware of it, it is nevertheless usually best in a legal document to dot all the i's and cross all the t's.
You may want to phrase this slightly differently, but IMHO it's better to retain a little redundancy here.

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Note added at 6 hrs 17 mins (2004-06-29 03:41:05 GMT)
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Also can be translated: to take note approvingly,i.e, I have seen it, noted it, and I like it


Dr. Fred Thomson
United States
Local time: 07:52
Specializes in field
Native speaker of: English
PRO pts in category: 463

Peer comments on this answer (and responses from the answerer)
agree  Derek Gill Franßen: Yes, this seems to be the most common way of putting it.
11 mins
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11 hrs   confidence: Answerer confidence 5/5
to note with approval


Explanation:
Just like that....

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Note added at 11 hrs 58 mins (2004-06-29 09:21:49 GMT)
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and just that simply....

David Moore
Local time: 15:52
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 370
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