påberoper springende regress

English translation: recourse against a party to a previous contract

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Norwegian term or phrase:springende regress
English translation:recourse against a party to a previous contract
Entered by: Charles Ek

18:22 Mar 22, 2014
Norwegian to English translations [PRO]
Law/Patents - Law (general) / claims
Norwegian term or phrase: påberoper springende regress
Is it the same as "exercise the right of recourse against" or "claim recourse against" ?
Katarzyna Lewandowska, PhD
Poland
Local time: 08:42
(claiming) recourse against a prior owner
Explanation:
What distinguishes this situation is the "springende" aspect. It refers to jumping over the seller and making a claim against a prior owner for a defect in the property. Such an action is authorized in § 35 of forbrukerkjøpsloven.

Ordnett offers a wordy English version of "right of recourse against an earlier party in the chain of title". That is technically true if you read the act, but I'm not convinced you need anything beyond "prior owner". Can you provide more of the text, so I can see the context just to be sure?

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Note added at 50 mins (2014-03-22 19:12:18 GMT)
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Here's a good discussion of "springende regress" that I should have included:

http://jusinfo.no/index.php?site=default/721/1491/1562/1563

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Note added at 1 hr (2014-03-22 19:22:57 GMT)
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The semi-official translation of § 84 of kjøpsloven has it as "claiming against prior sales stage(s):" – http://www.ub.uio.no/ujur/ulovdata/lov-19880513-027-eng.pdf –which is easily one of the worst literal legal translations I've come across. I'll take a look at some sales of goods acts from the UK and the U.S. and come back to you here.

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Note added at 1 hr (2014-03-22 19:44:47 GMT)
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On the basis of the context you've provided, I'll revise my suggestion to "claiming recourse against a party to a previous contract". See the discussion of this on pages 463-64 at http://tinyurl.com/ngpwl34
Selected response from:

Charles Ek
United States
Local time: 02:42
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4(claiming) recourse against a prior owner
Charles Ek
3does rely upon a 'leapfrog' recourse claim against a contract non-privy
Adrian MM. (X)


  

Answers


45 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
(claiming) recourse against a prior owner


Explanation:
What distinguishes this situation is the "springende" aspect. It refers to jumping over the seller and making a claim against a prior owner for a defect in the property. Such an action is authorized in § 35 of forbrukerkjøpsloven.

Ordnett offers a wordy English version of "right of recourse against an earlier party in the chain of title". That is technically true if you read the act, but I'm not convinced you need anything beyond "prior owner". Can you provide more of the text, so I can see the context just to be sure?

--------------------------------------------------
Note added at 50 mins (2014-03-22 19:12:18 GMT)
--------------------------------------------------

Here's a good discussion of "springende regress" that I should have included:

http://jusinfo.no/index.php?site=default/721/1491/1562/1563

--------------------------------------------------
Note added at 1 hr (2014-03-22 19:22:57 GMT)
--------------------------------------------------

The semi-official translation of § 84 of kjøpsloven has it as "claiming against prior sales stage(s):" – http://www.ub.uio.no/ujur/ulovdata/lov-19880513-027-eng.pdf –which is easily one of the worst literal legal translations I've come across. I'll take a look at some sales of goods acts from the UK and the U.S. and come back to you here.

--------------------------------------------------
Note added at 1 hr (2014-03-22 19:44:47 GMT)
--------------------------------------------------

On the basis of the context you've provided, I'll revise my suggestion to "claiming recourse against a party to a previous contract". See the discussion of this on pages 463-64 at http://tinyurl.com/ngpwl34

Charles Ek
United States
Local time: 02:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 83
Notes to answerer
Asker: Hello, thank you for your answer. The examples from the text are: "Sluttbruker går etter importør og påberoper springende regress etter kjøpsloven §84 uavhengig av hvor mange salgsledd som ligger mellom importør og sluttbruker." and "Saken er trukket frem i tilsvaret for å belyse de grove produksjonsfeil og forskriftsbrudd som er begått av Saksøren, følgende de har fått og kan få, samt for å vise at springende regress påberopes for å gjøre Saksøkte erstatningsansvarlig for de feil og mangler Saksøkeren har forårsaket."

Asker: Thank you so much!

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19 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
does rely upon a 'leapfrog' recourse claim against a contract non-privy


Explanation:
vs. the device of collateral warranty in EN law and which is entered into, impliedly or expressly,ancillary to the primary contract.

Ronald Craig: NO/EN Juridisk Ordbok, Kontraktsrett> springende regress. Compare direct action against an earlier party in the chain of title with whom the contract party had no privity of contract (landlord-tenant estate?) = ikke medkontrahent.

Quaere: whether a warehehouser can be described as an 'owner' in a chain of 'title' to goods vs. land.

Example sentence(s):
  • in a tendering process has followed a privity of contract analysis. ... courts had generally refused to recognize leapfrog claims

    Reference: http://no.wikipedia.org/wiki/Direktekrav
Adrian MM. (X)
Local time: 08:42
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 96
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