常用商事法律英语词汇手册 - Common Vocabulary in Commercial L(6)

noun

■failure to fulfill an obligation.

■failure to defend against a claim in court( as by failing to file pleading or to appear in court.

Default judgment 搭配

make default

Should the Purchaser after another twenty-one day?s written notice of the Contractor continue to make default then the Contractor shall be at liberty to enter upon and sell the Vessel.

in default

The Buyer shall be deemed to be in default of performance of its obligations under this Contact in the following cases:

defer verb

■put off (an action or event) to a later time; postpone

If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination.

In the event that Party B makes late delivery of the invoice, Party A may defer the payment accordingly.

语源

fer = carry (de- = dis- = apart)

联想

conference, confer, differ

delegate verb

■entrust or transfer (as power, authority or responsibility) to another person

The rights granted to the Licensee pursuant to this Agreement are personal to Licensee and may not be assigned or sublicensed, by operation of law or otherwise, nor may Licensee delegate its obligations hereunder without the written consent of Licensor. 语源

leg = appoint; send (de- = away)

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联想

legacy, legator, legate

deliberation noun

■long and careful consideration or discussion

The chairman of the tribunal came up with an initial draft award finding against the Chinese party (or shipyard). But after deliberations, the three member of the tribunal reached an unanimous decision that the Chinese party prevailed in that no agreement was reached.

delinquent adj.

■(chiefly US)in arrears

Regarding your delinquent account showing a balance of USD $____________, we have requested payment on this amount for several times without avail.

deliver verb

■bring and hand over (a letter, parcel, or ordered goods) to the proper recipient or address

The risk of loss of or damage to the goods, as well as the obligation to bear the costs relating to the goods, passes from the seller to the buyer when the seller has fulfilled his obligation to deliver the goods.

派生 deliverable

■able to be delivered

deliverables

■a thing able to be provided, esp. as a product of a development process

The deliverables which a developer should deliver include designs in a product development agreement.

delivery noun

■the action of delivering letters, packages, or ordered goods

Deliveries received ahead of the delivery dates may be refused if we do not have sufficient room for storage.

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搭配

make delivery

Seller shall make all deliveries in accordance with the order and delivery procedures.

take delivery of/ take delivery

The buyer's obligation to take delivery of the goods. If the buyer does not take delivery as agreed.

The Purchaser shall promptly take delivery of the Vessel when completed.

cash-on-delivery

Party A continues to pay for all Product hereunder on a cash-on-delivery basis.

demand verb

■ask authoritatively or brusquely

A hereby demands that B indemnify A in connection with the defence of the Nuckols matter, as required by the Agreement. 用法

See request & require 语源

mand = order

联想

mandate, mandatory, remand

deprive verb

■deny (a person or place) the possession or use of something 搭配

deprive… of

Failure to notify or untimely notification deprives the Party of the right to refer to any of the above circumstances as a reason relieving from liability for non-performance of an obligation.

be deprived of

The buyer is not deprived of any right he may have to claim damages by exercising his right to other remedies

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determinable adj.

■able to be firmly decided or definitely ascertained if a date is fixed by or determinable from the contract

detriment noun

■the state of being harmed or damaged

A breach of contract committed by one of the parties is fundamental if it results in such detriment to the other party as substantially to deprive him of what he is entitled to expect under the contract.

A party cannot act inconsistently with an understanding it has caused the other party to have and upon which that other party reasonably has acted in reliance to its detriment. 搭配

to the detriment of

This shall not imply a change in the burden of proof to the detriment of the Customer.

disclaim verb

■refuse to acknowledge; deny

Any warranties, express or implied, including but not limited to any implied warranties of accuracy, performance, merchantability or fitness for a particular purpose are hereby expressly disclaimed by Party A.

disclaimer noun

■a statement in which a person says that they did not know about something or that they are not responsible for something.

The disclaimer asserts that the company won't be held responsible for any inaccuracies.

discrepancy noun

■a lack of compatibility or similarity between two or more facts

In the event that such inspection is reasonable and reveals a discrepancy in the amount of Royalties owed Licensor from what was actually paid.

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discretion noun

■the freedom to decide what should be done in a particular situation

Where the amount of damages cannot be established with a sufficient degree of certainty, the assessment is at the discretion of the court.

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