This site uses cookies. Some of these cookies are essential to the operation of the site, while others help to improve your experience by providing insights into how the site is being used. For more information, please see the ProZ.com privacy policy.
Cookie settings
Schuldpflicht
Drittelprojekte
May 17, 2018 21:23
5 yrs ago
German term

ohne jede eigene Verpflichtung

German to English Law/Patents Law (general) From a Swiss court decisision about an auction house
This is from a Swiss court decision about an auction house giving a client incorrect information, which they blame on an employee who was not authorized to give that information.

"Da die Beklagte sich das Verhalten von Fräulein V. anrechnen lassen muss, hilft ihr auch nicht, dass angeblich nur ein Sachverständiger des Mutterhauses die Lampe anhand einer Fotografie oder einer blossen Beschreibung begutachten konnte.
Wenn sie sich deswegen nicht selber binden wollte, hätte sie klarstellen müssen, dass sie den Auftrag ohne jede eigene Verpflichtung nach London weiterleite."

If she forwards it herself why would it be "ohne jede eigene Verpflichtung"?
Proposed translations (English)
4 +1 without incurring any obligation on her part
4 +1 freely and without assuming any personal responsibility

Discussion

Haigo Salow (asker) May 31, 2018:
I apologize for going back and forth on this one, even though I've already turned in this project a long time ago. It's something that I mulled over and over in my head, since at first glance it seems such a contradiction. I think I've finally figured it out: If the company would have exercised due diligence, by forwarding the lamp to London, then it would not have incurred any obligation/responsibility. In this case Daniel's answer would be the most accurate:
Johanna Timm, PhD May 30, 2018:
my take The defendant is to be held accountable for Ms V’s actions; this is also not changed by the fact that allegedly only an expert of the Mutterhaus was able to assess the lamp’s value based on a photo or a simple description.
If the company wanted to avoid any responsibilities in this matter, it should have clarified that the order was forwarded to London without any further commitments/responsibilities/obligation on their part.
Haigo Salow (asker) May 30, 2018:
Johanna, sorry about that. Yes, "she" refers to the company, an auction house in this case.
Johanna Timm, PhD May 30, 2018:
maybe you are thinking of my suggestion to your other question https://www.proz.com/kudoz/german_to_english/law_general/651... ?
I never answered here, but I remember that I googled and found the court decision - and based on that context, I had suggested "obligation" for your other question (which was rejected). I did not want to suggest "obligation" for this question, as well, so I just clarified here that "she" is the company - mainly to confirm that my source and your text indeed matched.
Haigo Salow (asker) May 30, 2018:
Johanna's answer, which somehow diappeared, made the most sense. David and Daniel: In the context of this court decision "ohne jede eigene Verpflichtung" means that she (the auction house) should have forwarded the request without any prompting. This is what the decision points out over and over. I don't know how Johanna figured this out, but she did.
Haigo Salow (asker) May 18, 2018:
Yes, it does and I am sure that you are correct - with that the whole sentence makes more sense and the part "Wenn sie sich deswegen nicht selber binden wollte" also makes more sense in that context". The whole sentence reads, in a very convoluted way: "If she didn't want to assume responsibility (for one of here agents), then she herself should have forwarded the request to London"
Johanna Timm, PhD May 18, 2018:
Sie/die Beklagte refers to the company, correct?

Proposed translations

+1
1 day 23 hrs
Selected

without incurring any obligation on her part

This is what I would make of it
Peer comment(s):
agree Johanna Timm, PhD : my reading as well
11 days
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Vielen Dank!"
+1
5 hrs

freely and without assuming any personal responsibility

I would say

--------------------------------------------------
Note added at 5 hrs (2018-05-18 02:28:25 GMT)
--------------------------------------------------

takes her off the hook

--------------------------------------------------
Note added at 5 hrs (2018-05-18 02:31:05 GMT)
--------------------------------------------------

she sent it to London as part of her normal job responsibilities

--------------------------------------------------
Note added at 2 days 2 hrs (2018-05-20 00:20:52 GMT)
--------------------------------------------------

and coming back to this... I think Johanna has it right that it's the company

--------------------------------------------------
Note added at 2 days 2 hrs (2018-05-20 00:22:41 GMT)
--------------------------------------------------

so "without assuming any responsibility/liability on its part" might work
Peer comment(s):
agree Birgit Gläser
6 hrs
danke Birgit
Something went wrong...
Close search
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search