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the risk of perishment not caused by (OR due to) the fault of either party
Explanation: A purchased item that perishes not at the fault of either party, i.e. through an act of God, during the delivery, etc. The main point is that the risk of the item perishing this way is to be borne by one of the parties - for example, in some cases the risks passes from the seller to the buyer as soon as the seller brings the purchased item to the the shipper. If, in this case, the item is destroyed before the buyer receives it (let's assume because of an accident by the truck driver) then it is (in this example) the buyer who now carries the "Gefahr der zufälligen Untergang". If, however, the item was destroyed by lightening before the seller brought it to the shipper then it would be the shipper that would bear that risk and have to supply another item or compensation.
It is a bit complicated, but that is the general idea (IMO). I hope I could help! :)
Derek Gill Franßen Germany Local time: 14:14 Specializes in field Native speaker of: English PRO pts in category: 728