Posts tagged #contract of sale
All PostsOGH: Notaries and Negligence
Civil LawThe drafter of a contract must, within the limits of what is possible and reasonable, inform the parties to an agreement of legal and financial effects of and explain to them the risks involved, taking into account potential unfavourable economic dev...
OGH on Exclusion of Warranty for Used Cars
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified whether consumers who sell a second-hand car are also responsible for the roadworthiness and operational safety of the car. In 2019, the plaintiff bought a car over ten ...
OGH on Redemption of First Refusal
ZivilrechtA redemption offer must provide the holder of the right of first refusal with at least a minimum of information necessary to decide whether to exercise this right, according to the case law of the Austrian Supreme Court (Oberster Gerichtshof, hereina...
OGH: Avoidability Based on Mistake after Purchase of Damaged Car
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the avoidability of a purchase contract based a breach of the duty of information. The scope of the duty to inform depends on the subject of the contract and a buyer’s p...
OGH: Entrepreneurs Lose Right to Rely on Unlawful GTCs
Corporate LawIn the case at hand, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the European Court of Justice’s (ECJ) interpretation of the EEC Directive on Unfair Terms in Consumer Contracts. The case concerned an unjustified rescis...
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