Der Fall Collini (The Collini Case, 2019): Based on a novel by Ferdinand von Schirach, this legal drama features courtroom scenes but places greater weight on private investigation, legal argumentation, and reserved procedural exchanges, rather than direct, heated confrontation between parties.
law
Auskunftspflicht
The duty to provide information is a legally standardized right to receive information from or about a specific legal or natural person. The obligation to provide information may also relate to information on a specific matter.
Protections
“Today, caveat emptor does not apply to as many situations as it once did. Due to the changing marketplace, government regulations were created to protect consumers’ interests. With the release of the Uniform Commercial Code (UCC)—a set of business laws that regulate financial transactions that occur across states—for example, warranty provisions are much more common. Additionally, some industries now require seller disclosures.”
Who wants to admit?
When persuading Americans do not feel obligated to offer full and comprehensive information about the weaknesses of their proposal, concept, product or solution.
Instead, the obligation is with the buyer (the audience) to expose the weaknesses through critical questions. If asked, competent, professional and honest Americans will respond forthrightly.
This is a shared logic among Americans. Listeners know to ask the critical questions. Speakers know to anticipate those questions. If the critical questions are not asked, if the listener then accepts (buys), only later to discover negative aspects, the listener (buyer) will not blame the speaker (seller), but himself.
Besides, who wants to admit to their colleagues or boss, to their spouse or friends, that they made a poor decision?
Fritz Bauer
The People vs. Fritz Bauer (Der Staat gegen Fritz Bauer, 2015): The story of prosecutor Fritz Bauer’s pursuit of Nazi war criminals is told through behind-the-scenes investigation and confidential meetings. The film avoids sensational public hearings, instead focusing on indirect channels and private discussions to resolve conflict and build cases, mirroring the German preference for reducing tension through separation and structure.
Litigation
Given their litigation-heavy culture, it may seem ironic that Americans are so quick to say yes to an agreement. After all, saying yes and then not following through should make it easier for the one party to file a lawsuit.
However, the reality is the opposite. By having a culturally soft yes Americans make it more difficult for others to successfully sue them. In the U.S. it takes far more than a simple yes to indicate an oral agreement, which offers Americans protection from legal claims.
Gianni vs. Russell Supreme Court of Pennsylvania 1924 – Gianni, who owned a small store, claimed that his landlord told him that he could have the exclusive right to sell drinks in the building.
The landlord then rented another space in the building to a company that sold drinks, and Gianni attempted to sue. However, because Gianni had entered into a written lease, and there was no mention of this right in the lease, the oral contract was said to be nonexistent.
Power Entertainment Inc. v. National Football League Properties, Inc., United States Court of Appeals, 5th Circuit, 1998 – the plaintiff and defendant orally agreed that Power Entertainment would take over a licensing agreement between the NFL Properties and another company in exchange for Power Entertainment assuming the $800,000 debt between the two original companies. However, after the debt was paid, NFL Properties did not transfer the license, and the oral contract was found to be invalid.
Additionally, oral agreements in the US are sometimes called handshake deals. Although an actual handshake isn’t necessary to make the agreement binding, this still shows that it takes more than a ‘yes’ to enter into an agreement.
caveat emptor
The Americans have a Latin term caveat emptor. It means “Let the buyer beware.” When persuading, presenting, convincing, selling Americans present the positive picture: what works. Americans do not feel obligated to present or to reveal what doesn’t work, what is negative. In the U.S. business culture the audience is obligated to expose what doesn’t work by asking critical questions. Persuasive is selling what works, and not what doesn’t work.
caveat emptor
caveat: may he/she beware. emptor: buyer. caveat emptor is Latin for “Let the buyer beware”. Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods.
The phrase caveat emptor and its use as a disclaimer of warranties arises from the fact that buyers typically have less information than the seller about the good or service they are purchasing. This quality of the situation is known as information asymmetry. Defects in the good or service may be hidden from the buyer, and only known to the seller.
caveat emptor is a short form of Caveat emptor, quia ignorare non debuit quod jus alienum emit: “Let a purchaser beware, for he ought not to be ignorant of the nature of the property which he is buying from another party.”
A common way that information asymmetry between seller and buyer has been addressed is through a legally binding warranty, such as a guarantee of satisfaction.
obligation to inform
The Germans have a legal term called Auskunftspflicht. Auskunft means information. Pflicht means obligation. Auskunftspflicht: the obligation to inform. When Germans persuade, convince, present, sell, the consciously Germans present the full picture: what works and what doesn’t work. Anything less is unprofessional, dishonest, and most certainly not persuasive.