Posts tagged #contract law

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OGH: COVID-19 - Contractual waiver of Section 1104 ABGB

Civil Law 

In the case at hand, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the question of whether rent must be paid in the case of a pandemic-related ban on entering the premises despite a contractual waiver of a rent exemption. The plaintiff ope...

OGH: Different fixed prices and aliquoted annual costs

Civil Law 

On "www.a1.at" consumers could buy a mobile phone tariff with a mobile phone. The mobile phone costs were shown as "one-time", the tariff costs as "monthly". In the line of the tariff costs, an annual service fee (Servicepauschale) was mentioned in s...

HG Wien: Inadmissible terms and conditions of a fitness membership

In the case at hand, the Vienna Commercial Court (Handelsgericht Wien, HG Wien) dealt with a request for injunction filed by the Association for Consumer Information due to the inadmissibility of three clauses used in the General Terms and Conditions...

OGH on the reimbursement of educational costs of minors

In the present case, the Supreme Court (Oberster Gerichtshof, OGH) dealt with the permissibility of an agreement on the reimbursement of training costs between a minor and her employer. In the case in question, a minor concluded a contract of employm...

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