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Legal English (Fach) / Unit 5/6 (Lektion)
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- bilateral contract promise in exchange for an act. The act is botch acceptance of the offer and concideration for the promise made by the offerer. Zweisetige Vereinbarung
- consensus ad idem When two parties to an aggreement both have the same understandingof the terms of the aggreement; meeting of minds; an aggreement onthe same thing between the contracting parties Willensübereinstsimmung
- consideration something of value given by one party to another in order to inducethe other to contract. In common law, consideration is a necessaryelement for an enforceable contract. Entgelt
- deed UK formalized contract US a document to transfer ownership in land; usually signed (sealed) and delivered Vertrag/ notarielle Urkunde
- duress unlawfull threat or coercion used to force someone to enter into a contract Nötigung/ Zwang
- frustration defence to a claim (Einwendung gegen Klage) of breach of contractbased on a change in circumstances after the contract was closed thatmake one party ́s performance worthless to the other wegfall
- innocent/ non breaching party the party that hast not broken the contract
- invitation to treat (invitatio ad offerendum) invitation to a person to make an offer whichthe person issuiung the ́invitation to treat ́ my accept or reject.
- misrepresentation intetional false statement
- presumption of innocence holding that a defendant is innocent until proven guilty Unschuldsvermutung
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- rebuttable presumption A 'rebuttable presumption' holds good only when there is no contrary evidence. A presumption may be a ́rebuttable presumption ́, meaning a party may offer evidence to disprove it unwiederlegbare Vermutung
- third party someone who is not one of the two main people or organizationsinvolved in an agreement or legal case; in an insurance contract,someone who is not the insurer or the insured person, but who will getmoney if the insurend person causes them loss or injury Dritter
- to (a) void a contract to nullify or set aside a contract Vertrag ungültig machen
- to rebut sth. to prove that something is not true widerlegen
- undue influence If you are influenced by somebody who has a dominant position overyou, for example, your attorney, father, guardian, or doctor, thisperson is presumed to exercise ́undue influence ́. It is based on themisuse of a relationship of trust or confidence between the parties. unzulässige Beeinflussung
- Unilateral contract a promise in exchange for a promise
- vitiating factor factor that makes a contract valid or ineffectual