Posts tagged #fault
All PostsOGH: Same Rules for E-Scooters and Bikes?
Civil LawThe answer to the question of who has the right of way and who has to stop at a traffic-light controlled intersection lies in Section 38 of the Austrian Road Traffic Act (Strassenverkehrsordnung, hereinafter StVO). In the case at hand, at a traffic-l...
OGH: Major Ruling on Rental Agreement Clauses (Part 6)
Civil LawThe first part of a rather extensive and practice-relevant ruling by the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was published in the USANCEN Newsletter on 19 July 2002. This week, USANCEN focuses on the sixth part of the judge...
OGH 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 ...
Dog Injures Trainer: When the G&Ts ‘Bite’
Civil LawUnusual provisions in general terms and conditions do not become part of the contract if they are unfavourable to the other party and could not have been expected under the circumstances, according to Section 864a of the Austrian Civil Code (Allgemei...
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: No Official Liability for Unlawful COVID Regulations
Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that there is no official liability for unlawful COVID 19 regulations. The Minister of Health did not act in a culpable manner. The plaintiff was a street paper vendor. Duri...
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Civil LawThe Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has repealed a clause according to which a landlord’s duty of proper maintenance does not apply if the tenant or persons attributable to the tenant are at fault for causing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...
OGH: No exemption from liability under the CMR
Corporate LawIf the hauler is responsible for gross negligence within the meaning of Article 29 of the Convention on the Contract for the International Carriage of Goods by Road (CMR), the person entitled to compensation may demand compensation for all damages th...
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