Civil Law News: Liability Questions
Interesting legal cases on liability of private persons in daily life.
- Details
- Parent Category: News Archives
- Created on Friday, 07 November 2008 00:47
- Last Updated on Friday, 28 December 2012 18:43
Accident-Damaged Car as a Defect for a used Car
The VIIIth Senate of the BGH had to decide if a used car that had been significantly damaged in a previous accident and in the meantime had been repaired, is defective because it varies from the usual condition of comparable goods. (10, 2007 VIII ZR 330/06).
- Details
- Parent Category: News Archives
- Created on Wednesday, 02 January 2008 00:00
- Last Updated on Friday, 28 December 2012 18:43
Advancing Postage for the Return of Unsold Goods
When selling goods long-distance, customers often make use of their right to return the sold articles. Following §357 II 2 BGB, the vendor has to carry the costs of returning the unsold article – whenever a sale was not made, even for mail orders. The defendant in this case, however, wanted to use a trick to reduce his postage costs. He wrote in his standard terms and conditions, that he refused to accept parcels with postage unpaid. However, he promised to refund the customer immediately after receipt of the returned item. Is this trick permissible? The Hanseatisches OLG decided this case on February 14, 2007 (re 5 W 15/07).
- Details
- Parent Category: News Archives
- Created on Tuesday, 08 December 2009 11:13
- Last Updated on Friday, 28 December 2012 18:43
Bald, Shaggy and Matted – Pain Money from a Barber ...
When a visit to the barber turns out to be a visitation, you leave looking like having had your fingers plugged into the outlet, instead of the blow dryer. Uaagh! The more the haircutter makes a disaster of your hair the more pain money you will be entitled to. This article will show you more explicitly what in two cases your rights can be.
- Details
- Parent Category: News Archives
- Created on Friday, 03 April 2009 18:08
- Last Updated on Friday, 28 December 2012 18:43
ATM: Banks Repsonsibility for too little Pay Out
That ATMs "devour" money cards happens. Usually, this is no problem as the bank personnel can quickly clarify this problem. Normally, ATMs give out the requested amount but who is responsible, who has to prove what, when something goes wrong? LG Stuttgart answered that question on October 7, 2008 (re 13 S 189/08).
- Details
- Parent Category: News Archives
- Created on Wednesday, 03 January 2007 00:00
- Last Updated on Friday, 28 December 2012 18:43
Bank Customers responsible for Lost EC-Card
Banks usually do not have to refund their customers after their EC-card has been stolen. The judges of BGH decided that the EC-card system with PIN is adequately safe against misuse. A customer can only then successfully sue the bank for the refunding of illegal use of the card if there is circumstantial evidence for a misuse or disturbance in the security measures. (re: October 5, 2004, XI ZR 210/03).
