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Austrian EKHG Liability: Vehicle Rolls Away Due to Spontaneous Combustion
The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to assess the liability of a vehicle owner in circumstances where a parked vehicle, left in first gear, ignites, subsequently begins to roll, and causes damage to another...
Contracts Cannot Be Voided under Both National Law and CISG
In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was required to consider, among other issues, whether a contract subject to the UN Convention on Contracts for the International Sale of Goods (CISG) may be resci...
Safety-related Faults: Not Always Sufficient Grounds for Contract Termination
The question of when a consumer may immediately terminate the contract of sale under the Consumer Guarantees Act (Verbrauchergewährleistungsgesetz, hereinafter VGG) in the case of a defective second-hand car was considered by the Austrian Supreme Cou...
Liability for Co-Commenting on Facebook
The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) recently examined whether a comment on another individual’s Facebook post could be regarded as an independent act of disseminating a defamatory and harmful factual allegation. In this...
Savings Account Balances no Safeguard against Set-offs
In the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, OGH) deliberated on the legal ramifications of the assignment, for security purposes, of a right to withdrawal from a large-sum savings account (Grossbetragssparbuch). After a lim...
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