Schadenersatz · damages
Damages compensate for loss actually suffered, so the loss must be proven and quantified. In Switzerland the German term is written Schadenersatz, without a linking s, and French uses a hyphenated pair of words, dommages-intérêts. In English, damage is the harm suffered and damages is the sum awarded.
Request a demoThe term in four languages
- German
- Schadenersatz
- French
- dommages-intérêts
- Italian
- risarcimento del danno
- English
- damages
Definition
Damages are monetary compensation for loss. In contract, an obligor who fails to perform an obligation at all or as required must make amends for the resulting damage, unless they prove that they were not at fault. In tort, the obligation arises from an unlawful act committed wilfully or negligently. The person claiming damages must prove the damage, the causal link and, depending on the case, fault.
Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.
Full glossaryThe term in an official text
powered by Neur.onKann die Erfüllung der Verbindlichkeit überhaupt nicht oder nicht gehörig bewirkt werden, so hat der Schuldner für den daraus entstehenden Schaden Ersatz zu leisten, sofern er nicht beweist, dass ihm keinerlei Verschulden zur Last falle.
An obligor who fails to discharge an obligation at all or as required must make amends for the resulting damage unless he can prove that he was not at fault.
Source: Fedlex, Code of Obligations. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.
Related terms
The interest owed by a debtor who is in default on payment of a pecuniary debt.
Verjährung · prescriptionThe loss of the right to enforce a claim in court once the statutory period has expired.
Konventionalstrafe · contractual penaltyA sum promised in advance in case the contract is not performed.