News on Civil Liabilty

Accident-Damaged Car as a Defect for a used Car

2008-11-06T23:47:16+01:00

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).

Advancing Postage for the Return of Unsold Goods

2008-11-06T23:48:26+01:00

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).

ATM: Banks Repsonsibility for too little Pay Out

2009-04-03T16:08:08+02:00

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).

Bald, Shaggy and Matted – Pain Money from Barber

2009-12-08T10:13:04+01:00

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.

Bank Customers responsible for Lost EC-Card

2008-11-06T23:50:04+01:00

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).

Calculation of Damages when Returning Wrong Pet

2009-05-29T09:28:30+02:00

Calculation of Damages when Returning Wrong Pet

When buying a pet all hearts are high. All hearts are low when it turns out the pet bought has flaws that lead you to return it to the vendor. BGH gave rules on November 19, 2008 (re VIII ZR 311/07) on how to calculate the reimbursements for "use and wear of" the pet to the vendor upon cancelling the contract.

Can a Car Wash Exclude its Liability?

2008-11-06T23:38:35+01:00

Can a Car Wash Exclude its Liability?

Just as your clothes do, so does your car need a wash once in a while. Who is responsible for damages that occur if the machine does not work properly?

Club's President Liable in Spite of Exoneration?

2010-04-06T14:57:52+02:00

Club's President Liable in Spite of Exoneration?

As usual during an annual general assembly of any association the board is audited and exonerated from any mistakes. But is this still true when afterwards inconsistencies are discovered that might deprive the organization of charitable status? The Brandenburg OLG made a decision in this issue on May 28, 2008 (re 7 U 178/07).

Damages for Derogatory Remarks against a Collective

2008-11-19T23:23:50+01:00

Damages for Derogatory Remarks against a Collective

This article reports on the ruling of the OLG Karlsruhe of April 13, 2007 (re 14 U 11/07 1) answering the question if you can collect damages from a civil wrong or “tort of insult” when not you personally but the collective, you belong to, has been addressed. “Collective” is used in this circumstance as an undefined number of persons.

Damages for Invading Post Mortal Right of Privacy

2009-02-05T16:26:05+01:00

Damages for Invading Post Mortal Right of Privacy

Does reporting on TV about a deceased mother give grounds for damages for invasion of privacy? The BGH December 6,2005 re VI ZR 265/04) answered this question.