Sorgfalt — care, diligence. German liability turns on whether the required care was exercised in the conduct of the work. A person who followed proper procedure and still caused harm stands differently in German law from one who caused none but skipped it.
When the basis falls away
Störung der Geschäftsgrundlage. Section 313 BGB allows a contract to be adjusted where the circumstances that formed its basis have changed so severely that holding a party to it would be unreasonable. The remedy is adjustment rather than release. The law’s instinct is to restore the balance rather than to end the relationship.
The recall
Die Rückrufaktion. German recalls are published by the Federal Motor Transport Authority and by the market surveillance system for consumer products, with the defect named. The failure becomes a public record attached to the manufacturer.
The matter-worker
The German title for a caseworker or clerk translates literally as matter-worker. The person who works the matter.
Not an officer, not an associate, not a representative. The job is named after the thing being handled.
The court-appointed expert
Der Sachverständige. German disputes over technical matters routinely go to a court-appointed expert, who produces a written report on a timetable measured in months. The court waits. The report arrives when it is finished.
Work owed and effort owed
German contract law distinguishes the Werkvertrag, which owes a result, from the Dienstvertrag, which owes an effort properly performed. The distinction determines liability, and it turns on whether what was promised was an outcome or a way of working.
Review of standard terms
AGB-Kontrolle. German courts review standard terms and conditions for fairness and strike out clauses that unreasonably disadvantage the other side — and they do it between businesses, not only against consumers. A German company cannot rely on having got a hard clause into its own paperwork. A court will read it and may simply remove it.
Endurance testing
Dauerprüfung. German manufacturers run endurance testing — doors opened and closed hundreds of thousands of times, engines run for thousands of hours, switches cycled to failure. The failure point is found deliberately, in a laboratory, before a customer finds it.
The state of the matter
German legal reasoning separates the Sachverhalt — the state of the matter, what actually happened — from the rechtliche Würdigung, the legal assessment of it.
The facts are established first, as a distinct step, with their own section in the judgment. Only then does anyone argue about what they mean.
The structure of a German court decision is the structure of Sachlichkeit.
Taking evidence
Das Beweisverfahren. German courts take evidence in a structured process — documents, witnesses, court-appointed experts — and a case may be adjourned repeatedly while it runs. Speed is not a value the procedure optimises for.