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Posts tagged #rescission

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Austrian OGH on Warranty and the Right of Retention

Civil Law 

Purchasers are entitled to choose any legal remedy provided by warranty if the seller does not raise a valid objection. In the case at hand, in April 2021, the plaintiff had purchased an office container from the defendant. Shortly after delivery, th...

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OGH: Avoidability Based on Mistake after Purchase of Damaged Car

Civil Law 

The 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...

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