Posts tagged #tort law
All PostsOGH on the "order at best" in online trading
Civil LawIn the case of online trading, the bank is not obliged to consult the customer if the order is clear, unless the customer indicates that he only wants the order to be executed if there are sufficient funds. The plaintiffs used the defendant's online ...
OGH: Defamation in the context of a review on an online platform
Civil LawThe inaccuracy of a factual claim can also result from an incompleteness of the facts disclosed. The person concerned could thereby appear in a completely different light, or a false impression could be created. The plaintiff represented the defendan...
OGH: On liability for culpa in contrahendo when using an envoy
Civil LawAccording to the established case law of the Supreme Court (Oberster Gerichtshof, OGH), there are pre-contractual duties to warn and inform. The contractual partner is particularly worthy of protection if he has already entered into commitments himse...
OGH on the duty to mitigate damage
Section 1304 of the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB) imposes an obligation on the injured party to minimise the damage incurred if and to the extent that it is possible and reasonable for him to act accordingly....
OGH: Lawyer's liability in the event of faulty execution
A lawyer must obtain the consent of their client if it is questionable whether further execution steps are still in the interest of the client. This has been established by the Austrian Supreme Court. In the case of contradictory or insufficiently sp...
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