Posts tagged #rescission
All PostsUsed Car with Oil Leak – OGH Rejects Contract Rescission
Civil LawIn a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the question of whether a safety-relevant defect in a used car automatically entitles the buyer to rescind the contract. A defect that impairs the road...
Austrian OGH on Warranty and the Right of Retention
Civil LawPurchasers 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...
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...
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