Posts tagged #damage
All PostsGER: Burden of Proof for Damage to Hired Cars
Civil LawWho bears the burden of proof that a hired car was in an undamaged condition before it was taken over by the hirer? This question has been considered by the Regional Court of Muenster, Germany. In the case at hand, a customer had hired a Sprinter van...
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...
Is Scratching a Car’s Paint with an Iron Shovel an Accident?
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) dealt with the definition of an accident as used in insurance contracts. An accident is an event that takes place suddenly and directly from the outside by means of mechanical force. ...
No Insurance for Improper Use of Parking Brake
Civil LawUnder Section 61 of the Austrian Insurance Contract Act (Versicherungsvertragsgesetz, hereinafter VersVG), the insurer is released from its obligation to pay if the policyholder caused the insured event intentionally or in a grossly negligent manner....
OGH: Right of Recourse under Austrian Insurance Law
Civil LawGrossly negligent behaviour is deemed to have occurred if there was an objectively particularly serious failure to act. Such breach of due diligence must also be considered reprehensible from a subjective viewpoint. The defendant’s grandfather is the...
OGH Voids Ambiguous Clause in Tenancy Agreements
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has repealed a clause according to which a landlord’s duty of proper maintenance does not apply if the tenant or persons attributable to the tenant are at fault for causing damage. Th...
DE: Advance on transport costs due to subsequent performance
Civil LawAccording to the German Federal Supreme Court (Bundesgerichtshof, BGH), a valid request for subsequent performance by the buyer requires that the object of sale be made available at the place of delivery of the subsequent performance. The buyer is en...
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