Posts tagged #duty to inform
All PostsOGH: 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: Right to Information of Heirs
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has clarified that the requirement to provide certain information is fulfilled when formally complete information has been provided. The fact that an individual involved, such as the ...
GER: No Duty to Provide Info on Manufacturers’ Guarantees
Civil LawInternet merchants do not have to inform consumers in any greater detail about manufacturers' guarantees if such a guarantee is not a central feature of the product offered. This is what the German Federal Supreme Court (Bundesgerichtshof, hereinafte...
OGH: Duty to inform in the case of operations without a preference
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, OGH), following a similar decision, confirmed the scope of the duty to inform when there is a choice between two similarly dangerous surgical procedures. The plaintiff contacted an elective doctor due...
OGH on liability of attorneys
Incorrect or omitted advice (clarification) by the lawyer generally only entitles to compensation for the damage to trust which was caused. It is only necessary to compensate for the difference in assets that would not have occurred had the dutiful a...
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