Posts tagged #duty to warn
All PostsOGH 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: Lawyer's duty to warn about potential return of contributions
Civil LawThe Supreme Court (Oberster Gerichtshof, OGH) addressed the question of the extent to which lawyers have to examine and warn of possible violations of the capital preservation regulations, in particular the prohibition of return of capital contributi...
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