Posts tagged #contract for work and services
All PostsAustrian OGH: Jurisdiction Agreement in Contracts for Work and Services
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently addressed the question of what requirements must be met for a valid jurisdiction agreement in a contract for work and services. In the present case, the plaintiff contrac...
Sales Contracts and Contracts for Services for Photovoltaic Systems
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently provided clarification on a specific contract type in a relevant case of litigation. In the case at hand, the defendant had engaged the claimant to supply and install a p...
OGH on ‘Conflicting' Works-Contracts
Civil LawA contract for work and services (in Austria referred to as a Werkvertrag) is said to be ‘conflicting’ if a specific execution of the work is agreed upon, but due to certain circumstances the job is not performed suitably in fulfilling the (at least ...
OGH on Contractors Duty to Warn
Civil LawIf a contractor culpably breaches their duty to warn under Section 1168a of the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch, hereinafter ABGB), they must put the client in the position the client would have been in had the duty to warn b...
OGH on Duty to Warn in Work and Labour Contracts
Civil LawIf a breach of the duty to warn leads to the unusability of a product, the claim to payment shall also be forfeited if customers subsequently render that product usable at their own expense. If, on the other hand, the breach of the duty to warn only ...
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