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Tort Law — Economic Loss II (loss of use; other possible headings)

Date Citation Note
04.11.1997 BGH 137, 89
VI. Civil Senate
(VI ZR 348/96)
= NJW 1998, 377
Protest blockade (liability of demonstrators; loss of use of construction machines)
Case note
§§ 823, 830 BGB
§ 51 ZPO
09.04.1984 BGH NJW 1984, 2569 II. Civil Senate (II ZR 234/83) Claim by contractor building harbour wall against owner of barge for damaging wall City owned partly built wall, but claimant's possession sufficient for claim under § 823 I for economic loss, as claimant was responsible for walls condition
§§ 249, 823 BGB
15.11.1983 BGHZ 89, 60 VI. Civil Senate (VI ZR 269/81) No claim for damages due to temporary loss of use of a racing/sports boat
Case note
§§ 249, 251, 253 BGB
23.04.1981 BGH NJW 1981, 1779 VII. Civil Senate (VII ZR 196/80) Contractor constructing building delegated tiling to sub-contractor Contractor had to pay part of tile replacement cost but could not recover this under sub-contract, as had given sub-contractor no opportunity to do work No other claim possible against sub-contractor § 421 not applicable and § 242 could not create claims
§ 426 BGB
§ 13 Nr. 5 VOB/B (1952)
21.06.1977 BGH NJW 1977, 2264 VI. Civil Senate (VI ZR 58/76) = VersR 1977, 965 Claim for economic loss against petrol depot following fire caused by negligence of tanker driver which owner of depot failed to prevent Temporary closure of claimants business by authorities infringed his rights of ownership and possession under § 823 I No claim for interference with established and operating business (nor under § 823 II) for subsequent temporary closure of access roads, as not aimed at enterprise
§ 823 BGB
21.12.1970 BGHZ 55, 153 II. Civil Senate (II ZR 133/68) Fleet -decision = NJW 1971, 886 = VersR 1971, 418 Claim by owner of boats for blocking of waterway owned by German state caused by work to prevent collapse of house on collapsed bank Claim against German state for culpable breach of duty by constitutionally appointed organs to maintain waterway based on §§ 823 I, 89 and 31, not § 839 and Art 34 GG Interference with property right in respect of trapped boat, but no claim to interference with established and operating business in respect of economic loss from mere interference with contractual commitments by closure of channel, as not centred on enterprise Provision for maintaining waterway not protective statute under § 823 II
§ 823 BGB
§ 81 NdsWasserG
§ 28 WHG
30.09.1963 BGHZ 40, 345 III. Civil Senate (III ZR 137/62) = NJW 1964, 542 Kraftfahrzeugnutzung -decision Damage for the loss of use of a car in case the victim does not hire a vehicle during the time of repair
Case note
§§ 249, 250, 251, 253 BGB