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Englisch (Subject) / Legal English (Lesson)
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- Expectation damages/benefit of the bargain damages Compensation for the loss of benefits that a person would have receive had the contract been performed Schadenersatz für den Verlust des Geschäfts
- foreseeability Reasonable anticipation of possible results of an action Vorhersehbarkeit
- General/actual damages Compensation for proven injury or loss Schadenersatz
- Special/consequential damages Damages that are awarded due to a particular wrong or particular circumstances Folgeschäden
- Reliance damages Compensation for losses incurred by the plaintiff due to his dependence on the contract# Vertrauensschadenersatz
- Reasonable reliance Dependence on a contract which is considered fair, sound thinking or common sense
- Restitution damages Compensation which is equal to the amount of money the breaching party received under the breaching contract Schadenersatz
- Liquidated/stipulated damages Compensation that is agreed to in the contract
- Punitive/exemplary damages Compensation designed to punish the breaching party for conduct found to be reprehensible, e.g. fraud
- tort Wrong committed between private individuals for which the law provides a remedy Delikt
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- Specific performance When a court orders the breaching party to perform its part of a contract
- default Failure to perform a duty, whether legal or contractual; failure to pay a sum that is due
- confer To grant, to bestow verleihen
- impose To introduce a rule, tax, punishment, etc that must be obeyed, paid or accepted; to give someone a task or a duty, especially an unpleasant one or one that they do not want to do auferlegen
- Privity of contract Relationship between parties to a contract
- right Interest that is recognised and protected by law
- Duty Obligation owed or due to another by law Pflicht
- performance Completion of obligations required by contract Erfüllung
- vest To give full title to a property to a person; to give a person an immediate fixed right von Rechts wegen
- intent Mental desire / willingness to act in a certain way Absicht
- Enforceable right Interest the law gives affect or force to Durchsetzbares Recht
- promisee Person to whom a promise, or an assurance that something will or will not be done, is made Versprechensempfänger
- promisor Person who makes a promise or an assurance that they will or will not do something Versprechensgeber
- Intended beneficiary Person who was planned to benefit from a contract but is not party to that contract. As result of this, this person obtains rights to enforce the contract.
- Incidental beneficiary Person who was not planned to benefit from a contract and is also not party to that contract. This person does not gain any rights under the contract
- obligor Person who owes a right Schuldner
- obligee Party to whom an offer is made Gläubiger
- assignor Person who transfers his rights or duties to another Abtretender
- assignee Person who receives an assignment Gläubiger
- delegate Third party in a delegation to whom the duties have been transferred
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- delegator Person who transfers his duties to another
- Assignment of contract Transfer of a contract to another person Übertragung des Vertrages
- assign To transfer rights to another
- discharge To release a person from an obligation
- novation Substitution of an obligation with a new one, thereby cancelling the old obligation Schuldumwandlung
- Sex discrimination Different treatment, usually awarding privileges to some and denying privileges to others, based on gender
- Race relaitons Social, political or personal connections with and between people with different distinguishing physical characteristics.
- Disability Condition of being unable to do something due to a physical or mental impairment. Behinderung
- Terms and conditions of employment Fixed period of time for which one is employed and the provisions under which employment is held. Arbeitsvertrag
- Genuine occupational qualification Limited circumstances where sex or marital status may be used as a job requirement echte Berufsqualifikation
- Date of employment Day on which a person’s employment begins
- Holiday entitlement Right of an employee to take paid time off from his/her employment Urlaubsanspruch
- Termination of employment End of the work term or employment Vertragsbeendigung
- Unfair dismissal Unjust termination of an employee’s employment contract. The question is whether the employer acted reasonably in dismissing the employee nicht gerechtfertigte Kündigung
- Discriminatory dismissal Termination of an employee’s employment contract based on prejudice or bias
- Redundancy dismissal Termination of an employee’s employment contract because their position ceases to exist betriebsbedingte Kündigung
- Trade union Association of employees formed to further their mutual interests with respect to their employment, for example working hours, wages, conditions, etc. Gewerkschaft
- Collective bargaining Process of negotiation between trade unions (or labor unions) and employers, usually regarding the terms and conditions of employment Kollektivverhandlung
- Arbitration Reference of a dispute to an impartial person or panes chosen by the parties who agree in advance to abide by the arbitration award issued after the hearing at which both parties have an opportunity to be heard Schlichtung
- Strikes Collective action by workers in which they stop working as a protest against management actions Streik