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...auf den vertragstypischen, vernünftigerweise vorhersehbaren Schaden

English translation: damages that are usually reasonably foreseeable at the time of concluding the Contract

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:vertragstypischer, vernünftigerweise vorhersehbarer Schaden
English translation:damages that are usually reasonably foreseeable at the time of concluding the Contract
Entered by: Beate Lutzebaeck
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09:13 Feb 28, 2002
German to English translations [PRO]
Law/Patents - Law: Contract(s)
German term or phrase: ...auf den vertragstypischen, vernünftigerweise vorhersehbaren Schaden
Contract:
'Bei schuldhafter Verletzung wesentlicher Vertragspflichten haftet XXX auch bei grober Fahrlaessigkeit nicht leitender Angestellter und bei leichter Fahrlaessigkeit, in letzterem Fall auf den vertragstypischen, vernünftigerweise vorhersehbaren Schaden.'

Is:'Auf den Vertragstypischen, vernünftigerweise vorhersehbaren Schaden'

some kind of special leagalese and what does it mean?
Any help much appreciated!
TRANSRAPID
United Kingdom
Local time: 19:55
damages that are usually reasonably foreseeable at the time of concluding the Contract
Explanation:
Sure is legalese. "Vernünftigerweise vorhersehbarer Schaden" is usually translated as "reasonably foreseeable damage".

"Vertragstypisch" are those types of damage that may be considered (are deemed to be) typical, taking into consideration the specific contractual relationship.

For example: If you buy a washing machine and it leaks and ruins your carpet - this will be considered vertragstypisch and reasonably foreseeable. However, if you had decided to lay out your precious stamp collection on the laundry floor, any damage to those stamps will not be considered vertragstypisch and reasonably foreseeable.

It is difficult (impossible?), though, to reflect this concept in a neat and concise way.

In the past, I've translated vertragstypisch as follows: "... shall be limited to those damages that are usually foreseeable at the time of concluding the Contract."

In your case: "... damages that are usually reasonably foreseeable at the time of concluding the Contract."

Btw: the use of "damages" as a plural is perfectly ok in this case, although it does not refer to the actual compensation (damages), but to the loss, injury or deterioration suffered.
Selected response from:

Beate Lutzebaeck
New Zealand
Local time: 07:55
Grading comment
Most wonderful and many thanks!!!!!!!!!!!!!!!!!!
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1damages that are usually reasonably foreseeable at the time of concluding the ContractBeate Lutzebaeck
5 -1contracttypical, rationally unpredictable damage.xxxbrute


  

Answers


1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
damages that are usually reasonably foreseeable at the time of concluding the Contract


Explanation:
Sure is legalese. "Vernünftigerweise vorhersehbarer Schaden" is usually translated as "reasonably foreseeable damage".

"Vertragstypisch" are those types of damage that may be considered (are deemed to be) typical, taking into consideration the specific contractual relationship.

For example: If you buy a washing machine and it leaks and ruins your carpet - this will be considered vertragstypisch and reasonably foreseeable. However, if you had decided to lay out your precious stamp collection on the laundry floor, any damage to those stamps will not be considered vertragstypisch and reasonably foreseeable.

It is difficult (impossible?), though, to reflect this concept in a neat and concise way.

In the past, I've translated vertragstypisch as follows: "... shall be limited to those damages that are usually foreseeable at the time of concluding the Contract."

In your case: "... damages that are usually reasonably foreseeable at the time of concluding the Contract."

Btw: the use of "damages" as a plural is perfectly ok in this case, although it does not refer to the actual compensation (damages), but to the loss, injury or deterioration suffered.


    Garner, Dictionary of Modern Legal Usage
Beate Lutzebaeck
New Zealand
Local time: 07:55
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 222
Grading comment
Most wonderful and many thanks!!!!!!!!!!!!!!!!!!

Peer comments on this answer (and responses from the answerer)
agree  writeaway: thanks again (I needed vertragstypisch). super explanation
2757 days
  -> :-)
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5 peer agreement (net): -1
contracttypical, rationally unpredictable damage.


Explanation:
, in later case, pertaining to contract typical, rationally unpredictable damage.

xxxbrute
PRO pts in category: 6

Peer comments on this answer (and responses from the answerer)
disagree  Kim Metzger: No.
1976 days
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Changes made by editors
Oct 25, 2011 - Changes made by Steffen Walter:
Field (specific)(none) » Law: Contract(s)


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