| abnormally hazardous activity | |
| acceptanceantonym | Communication in response to an offer, which creates a contractual relationship between the parties. |
| acquiescence | In so agreed by the parties, passive conduct which permits an impartial observer to determine that the individual in question does not object to the acts of another. |
| actionantonym | The performance of a contractual duty whereby the obligor is required to act in a certain way. Such obligation may be manifold, including provision of services, transferring title or acting in a certain manner. |
| actual bodily harm | |
| actual damagessynonym | The amount of the just and substantial incurred as a loss or injury caused by the wrongdoer. |
| actually incurred damagessynonym | The monetary value of everything caused by the wrongdoer through a tortuous action. |
| admission of liability | |
| aggrieved party | A party whose rights have been adversely affected by another party’s action or by court decision. |
| aggrieved party | A person who believes that a wrong has been done to him/her. |
| artificially inflated claim | |
| assault | |
| assent | Mutual and harmonious agreement is required for the making of a valid contract. In common law, mutual consent is also called a meeting of the minds. |
| attributable | The amount of causation an individual's action had in a certain outcome. |
| bank guaranteesynonym | A guarantee provided by a bank for the repayment of an obligation. Credit institutions agree to stand behind a financial obligation in case of non-payment. Under a bank guarantee, the bank agrees to pay a sum not exceeding a certain limit, upon the occurrence of certain conditions, to an entity designated by the primary obligor |
| cancellation | Undoing an action that has been taken or withdrawing from a contract already concluded. If the purpose of the contract is frustrated, the client may set aside the contract unilaterally, without the consent of the other party. |
| cancellation fee | A sum put down to ensure a future right. The parties agree that the contract may only be cancelled by either party against such amount. |
| causation | Causal relationship between conduct and the ensuring loss. The law focuses on the remoteness between the cause and the damages to determine liability. |
| civil responsibility | A general term for the requirement to respond to an action caused by a wrong as opposed to criminal responsibility. |
| client | A contracting party who is defined by the benefits which are to be bestowed on them pursuant to the terms of the contract in exchange for the payment of money called consideration |
| compensation | In the tort setting, it encompasses generically all legal redress in monetary form which serves the function of making amends for any damage. |
| compensation for damages | Money paid as remedy as compensation for someone’s loss resulting from the wrongful conduct of another person. If no other remedy is available to cure the default, the client may claim compensation for the damages incurred. |
| consent of the injured party | Persons causing damage with the consent of the injured or damaged parties are not liable. Injured party |
| consequential damages | Damages which cannot be foreseen by a reasonable and prudent person acting as applicable under the circumstances. Damages claimed and/or awarded in a lawsuit which were caused as a foreseeable result of wrongdoing. |
| consumer safety | |
| contract | The subject dealing with legally binding obligations between two or more parties, the breach of the same and the legal consequences thereof. |
| contract against public policy | |
| contract formation | A general term for making the contract, with a reference to the concept that the contract is formed by the mutual and harmonious agreement of the parties. |
| contractual period prior to performance | Period from the date of the coming into existence until the due date. During this period the contract is dormant. |
| contributory negligenceantonym | A defence to negligence, which points out that the plaintiff's negligence contributed to his or her injuries. Contributory negligence is an absolute bar to the plaintiff's recovery against the defendant |
| conversion | The tort of taking another person’s property without any cause or permission. |
| costs and expenses | Any and all costs and expenses incurred as a consequence of wrongdoing. |
| counteroffer | An offer made in response to the of an offer, in which the offeree states the conditions based on which he/she is willing to sell the property. In this case, the power of acceptance is shifted to the offeree. Acceptance with any modification of the terms of the offer will also be deemed a counteroffer. A new offer as to price, terms, and conditions, made in response to a prior, unacceptable offer |
| criminal conduct | |
| culpability | Actions where the result is attributable to someone's fault |
| culpable | Used to describe the person who has committed a wrong, violated the law or was found in breach of a duty. |
| culpable conduct | |
| damage | Loss or injury, caused negligently or intentionally, to a person or property. |
| damage caused by abnormally hazardous activity | Liability arising from conducting abnormally hazardous activities. The categorisation as to what amounts to hazardous operations varies in different jurisdictions |
| damage caused by animals | Damages caused by stray animals has historically been an issue regulated by law |
| damage caused by defective products | Manufacturers of products are held liable for the damage caused by such products. |
| damage caused by employees | |
| damage caused by hazardous substances | Liability for the use of hazardous substances and the ensuing emission of pollutants. Environmental laws put special liability on the wrongdoer. |
| damage caused by motor vehicles | In certain jurisdictions, the user of motor vehicles is governed by special rules due to their widespread use and the inherent danger. |
| damage caused by unsafe properties | Damage caused by the unsafe condition of properties, such as objects falling from buildings. Tort law defines the apportionment of liability in such cases. |
| damaged party | A person or entity which has been wronged by someone by causing damage primarily to the property of the first person. |
| damagesantonym | The classic term for the amount paid by the wrongdoer for righting a wrong, as a monetary compensation for the loss or injury. |
| damages for economic loss | |
| default of performance | The non-performance or non-contractual performance of an obligation set forth in the contractor by the applicable law. |
| defence | What is offered by a party proceeded against in civil or criminal action and is sufficient for this purpose. |
| defence | The action of the defendant in a lawsuit. |
| delay of the client | The situation when the goods or services are lawfully tendered but the client fails to receive them. |
| delay of the provider | A default may be caused by the delay in the performance of the provider , which generally precludes the delay of the other party. . |
| delict | A term synonymous with tort, however, it carries with it a suggestion of wrongdoing, sometimes deliberate wrongdoing or even criminality. |
| delictual obligation | |
| direct damages | Damages incurred as a direct consequence of the actions of the wrongdoer, which are foreseeable by exercising due care. |
| disclaimer of liability | |
| duress | Using physical force or other element of coercion to make someone to do something. Threat of physical harm made to compel a person to do something against his or her will or judgment |
| duty to warn defect | |
| earnest money | A certain fund paid towards the contract sum, with certain legal consequences in the event of non-performance by either party, the most common being the forfeiture thereof in case of non-performance by the purchasing and the repayment of double the amount in case of non-performance by the seller. |
| emergency situation | The situation when the life or property of another person is threatened. Certain actions are permitted in such case, which is otherwise impermissible. The person causing damage is not liable for such action, however the damages must be compensated subsequently |
| equality of considerations | Contract law requires that a benefit be balanced by a detriment. The value of the services and the consideration must be equivalent. |
| estimated amount of damages | If the amount of damages cannot be quantified, the court will assess an amount deemed to be sufficient to provide appropriate remedy for the losses suffered by the plaintiff. |
| event beyond one’s control | |
| exclusion of liability | |
| excuse | A person may be excused from liability if he can prove that he had permission to perform the act complained of. |
| exercise of a legal right | Damage caused by the exercise of a legal right, such a condemnation of property, does not incur liability. |
| express consent | A positive and voluntary affirmation of some actions by another, either orally on in writing. |
| failure to meet formal requirements | Situation where a contract fails to meet the formal requirements prescribed by contract law. |
| faulty performance | The case when the contractual obligations are not performed in compliance with the contract. It is also known as a default in performance. |
| forbearance | Refraining from doing something that otherwise one has the right to. In practice, it is often used in financial agreements when the lender grants additional time for the repayment of an obligation instead of enforcing a claim when due. |
| foreseeability | |
| fraud | |
| freedom to contract | The parties may freely enter into contracts, except in special situations where the parties are obligated to make contracts. |
| general damages | |
| general damages for infringement of personal right | Damages awarded by a court for violation of a great variety of personal rights. |
| gross disparity in the values exchanged | An event where the difference between the value of one subject of the contract and the consideration received is grossly different. |
| guarantee | An obligation to stand behind another obligation when something is sold or when services are provided. |
| hazardous activity | |
| hazardous substance | |
| illegal agreement | A contract whose formation, subject or performance is against the law or contrary to public policy. |
| illegal conduct | Certain jurisdictions determine the illegal nature of an act to form the basis of liability. |
| imminent danger | |
| implied consent | The situation where no express consent is given regarding the actions of another but consent may be implied from a variety of factors. |
| impossibility of performance | The provider of the services is prevented from the performance of an obligation by objective causes. |
| imputable | Refers to the cost of the wrong may be transferred to another as if the other had committed it. |
| incidentally | A non-legal word denoting the causation of a wrong without intent of the wrongdoer. |
| inconvenience | |
| indemnification | In an indemnity contract, a third party agrees to perform, upon the occurrence of certain conditions, by a payment of money, to the first party in case of a failure of performance by the other party. |
| injured party | The person or entity that has been hurt by the actions of another; typically denotes physical harm rather than property damage. |
| injury | Generally means physical or mental injury to persons. However, in certain cases it is applicable to any wrong suffered by a person. |
| intentional conduct | Something done with reason and definite purpose to accomplish a certain result. |
| intentional or grossly negligent conduct | |
| interference | |
| interpretation and construction of a contract | Specific rules apply to the interpretation and the construction of a contract. The primary rule is that the contract should be interpreted according to the generally accepted meaning of the words. In case of a discrepancy, the contract must be construed according to the original intention of the parties. |
| invalidity | General description of an agreement which lacks an important aspect and therefore is either voidable or void. |
| invasion of privacy | |
| joint and several liability | The plaintiff may demand the fulfilment of the obligation from any one of the parties or from any and all of the parties in various amounts until the liability is fully extinguished. If one party dies, disappears or is declared bankrupt, the other remains fully liable. |
| joint liability | Situation when two persons are liable for the same obligation. This usually entails full liability for the entire obligation. |
| justifiable defence | Justifiable self-defence is a usually a form of defence against liability. In case of battery and assault, the victim may take, usually proportionate measures to avert it. |
| justification | The law offers a series of situations for permitting behaviour that are otherwise considered illegal. |
| knowingly | Performing an act being aware of the likely effect of such act. |
| lack of contractual capacity | |
| lapse of time | The offer is only valid for a certain period of time, after which it becomes invalid. Acceptance after such lapse of time will not result in a contract. |
| late payment penalty | A pre-set sum stipulated by the law or agreed upon by the parties indicating an amount that the defaulting party must pay if their performance is untimely. |
| liability for damage caused by employees | Liability for actions of employees of business organizations. In an employment setting, this liability is covered by the ”respondent superior” principle. |
| liability for damages | Legal responsibility for a loss, which focuses on the financial aspects rather than the moral culpability. |
| liability for defects | |
| liability for persons with limited accountability | Special rules apply to the liability for damage caused by persons who cannot be held fully accountable for their actions. The guardian of such a person owes vicarious liability for the ward’s actions. |
| liability of animal keepers | |
| limitation of liability | A contract provision that limit the amount one party has to pay the other party if they suffer any damages or loss arising from a contract between them. |
| limited liability | The liability of one of the parties is limited, either by statute or contractual agreement, to a certain sum or value in case of a breach of an obligation. |
| liquidated damagesantonym | The sum agreed upon in the contract to be paid if the contract is not fulfilled in accordance with its terms. It is pre-set at the time of contracting, setting forth the amount payable by the party breaching the contract. There are three basic types, such as late performance penalty, penalty for imperfection of performance, and penalty for non-performance. |
| loss | A general term indicating detriment suffered, expressed in monetary terms. It is not directly applied to physical or mental injuries. |
| loss of amenity | |
| loss of congenial employment | |
| loss of enjoyment | |
| loss of profit | The monetary amount that would not have been incurred if the wrong had not occurred. |
| loss of prospects | |
| loss of use | |
| maliciously | With a deliberate intention to cause harm to the other person. |
| mental anguish | |
| misrepresentation | Putting forward facts that do not correspond to the truth, either intentionally or unintentionally, to induce the other party into a contract. |
| mistake | Inaccuracy in understanding the facts, as a result of which one or both parties fail to correctly understand their rights and obligations. |
| mitigation of damages | |
| motiveantonym | |
| multiple wrongdoers | |
| necessity | means of last resort |
| negligence | Something done that a person exercising reasonable care would not do under the circumstances. It lies at the heart of the liability for the wrong caused in several legal orders. |
| negligent | |
| negligent | |
| negligent conduct | |
| negligently | Showing the lack of concern for the rights of another and, thus, potentially causing injury. |
| non-existence of contract | The situation when no contract was formed between the parties due to a failure to comply with a legal requirement. |
| non-pecuniary damages | Damages awarded to the plaintiff for any negative consequences of an injury that cannot be directly expressed in monetary terms, such as pain, mental anguish, the loss of a beloved person. It is not applicable in the new civil code. |
| nullity | An agreement which is automatically invalid because of a defence against its validity that does not require action by the party charged with an obligation. |
| obligation of the parties to cooperate | The parties are required by law to cooperate with each other in good faith in all their dealings with one another. |
| offerantonym | The legal term for the document or communication initiating a contractual relationship between the parties. It communicates clearly defined terms to the offeree for acceptance. |
| pain, suffering and loss of amenity | |
| pecuniary damages | Compensation for the quantifiable amount of damages suffered by the plaintiff. It includes the diminution of the property value, loss of profit and other justifiable costs. |
| performance | The most common way of ending a contractual relationship by fulfilling the duties under the contract. The contract is terminated but the parties will not own any further duty to each other. When the contract is duly performed, the provider is released from responsibility under the contract. |
| periodically payable damages | |
| personal injury | Physical injury inflicted to a person's body, as opposed to damage to property |
| presumed intention | |
| private nuisancesynonym | |
| property damage | loss in the property of a person for which compensation is to be paid by the person causing the damage. |
| provider | A contracting party who is defined by the services or goods which must be forthcoming from him towards the other party. Several synonyms are used, depending on the subject matter of the given contract. |
| punitive damages | |
| purposefully | |
| reckless | |
| recklessness | Something done with severe negligence, showing blatant indifference to one's own duty and the safety and well-being of other people. |
| recovery for loss | |
| refund | The provider may also offer a rebate to the client to level the imbalance created by providing something of a lower value. |
| reimbursement | A term generally used to indicate a payment of money to an entity, expended by that entity to any third party in the process of the activity giving rise to the action. |
| rejection | The outright negation of the acceptance of the terms of the offer, which leads to the termination of the first offer. |
| release | The most general term for escaping liability, used both in civil and criminal setting. Under certain circumstances, a person's conduct otherwise culpable, can be excused if the victim has released the wrongdoer. |
| repair | The simplest way of curing the default is to repair the products in question and to restore original functionality. |
| reparation | A traditional principle of law that the person causing damage under circumstances regulated by the relevant jurisdiction must make the other party good for the damage caused. |
| replacement | If the repair of the goods or services are either impossible or impracticable, then replacement may be the most appropriate cure. |
| repudiation of performance | The situation when the provider, either by statement or action, demonstrates no intention to carry out his/her duty under a contract. |
| restitution | The process of putting the other party back to the position in which they were initially. It is a traditional civil law term imbued with the meaning of restoration to the original position. |
| revocation | The withdrawal of the offer. Revocation terminates an offer for good. |
| road accident | |
| scienter | |
| secured party | |
| security deposit | A payment of money or monies worth deposited to ensure performance of an obligation. The depository is entitled to retain such property without the necessity of court action in case of failure of the fulfilment of the obligation. |
| security interest | An interest in property to guarantee the satisfaction of monetary obligations by holding certain property item pending repayment. This security interest is enforceable against the property in case of non-performance. |
| self-defence | |
| several liability | Situation where each party is liable only for his/her respective obligation. This liability is separate from another person's liability and actionable without joining other wrongdoers, if any. |
| sham | In contract law, the disguise of the real nature or purpose of the contract. Good in form but false in fact. |
| solidary liability | A term of civil law origin, meaning multiple liability in situations where several persons are liable for the same legally relevant damage. They are liable collectively, not only for one's proportionate share. |
| special forms of liability | |
| standard of care | |
| statutory liability | Liability imposed upon a non-performing party by statutory action. Every strict liability case is based on statutory liability, which specifies events that will entail statutory liability. |
| stipulated payment for non-performance | A specified sum agreed upon in order to eliminate any misunderstanding as to the legal consequences of the failure to fulfil the duties contemplated in the contract. |
| strict liability | A legal doctrine that makes a person or company responsible for their actions or products that cause damage unintentionally or negligently. Legal consequences arising automatically, without determination of fault or intention. It only applies if the defendant may not be relieved from liability under any circumstances. |
| suffer consequences | |
| suffer harm | |
| suretyship | The obligation of one party to the second party is ensured by the third party, meaning that if the first party fails to perform as agreed, the surety will stand responsible for said failure. |
| third party beneficiarysynonym | A misnomer in that this entity is not a ”party” specifically but is to benefit from the activities of one or the other party to the contract without any obligation on their part. |
| threat to health | |
| threat to life or limb | |
| toleration | The situation where no action or inaction is required from the subject, but simply to endure or tolerate the actions of the other party. |
| tort | A civil wrong for which compensation is sought from the wrongdoer in a civil action for the damages suffered. A simple, straightforward expression meaning non-contractual liability for wrongdoing, however, it is felt by some to be inextricably bound up with its common law roots. |
| tortfeasorsynonym | The legal description of a person who has inflicted damage or injury in violation of the law of torts. |
| traffic accident | |
| traffic infraction | |
| undue influence | Taking unfair advantage of or influencing a person who is vulnerable for a variety of reasons in a manner that overcomes the other party’s will. |
| unenforceability | A contract which is valid but whose terms cannot be enforced because of some special reason, which varies in jurisdictions of various states. |
| unfair terms | A situation when the terms of the contract are unfair as to one party only. |
| unintentionally | |
| unjust enrichment | A concept created to remedy injustices that occur where one person makes a substantial contribution to the property of another person without compensation, except for donative intent. |
| unjustified claim | |
| unlawful conductantonym | If the conduct of a person is illegal, it is actionable in tort and, consequently, damages may be sought from the wrongdoer. In certain jurisdictions, this element of covered by wrongful conduct. |
| usurious contract | A contract wherein one party extracts interest from the other party at an excessive rate, taking advantage of the disadvantageous situation of the other. |
| vicarious liability | The legal responsibility of superiors for the acts of their subordinates, or, in a broader sense, the responsibility of any third party that had the ”right, ability or duty to control” the activities of a violator. It is a form of strict liability. |
| voidability | A contract document which is not automatically void but which can be made void by specific actions of one of the parties. |
| wantonly | Performing an action without care as to its possible negative result. |
| warranty period | A period defined by law or in a contract that commences upon the performance of a contract, during which the provider must stand good for the services. |
| wilful | |
| willingness to mitigate damages | |
| wrong | A general term in Legal English for the unjust, illegal or negligent conduct of a person |
| wrongdoersynonym | A general word used to describe a person who does a tortuous or criminal wrong to the detriment of persons or society at large. |
| wrongfulness | Legal term for an act committed without regard to the principles applicable to conduct in general. It may be a violation of a legal rule or the duty of care, or an act conducted in bad faith. |
