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Tort Law — Damage Caused to the Product

Date Citation Note
24.03.1992 BGH NJW 1992, 1678 VI. Civil Senate (VI ZR 210/91) = VersR 1992, 758 = ZIP 1992, 704 Claimant bought from firm engine overhauled by defendant; screw missing, not detectable in normal use, incapacitated engine 19 months later
Claim under § 823 I for creeping loss affecting integrity interest rather than interest in value and usability
Liability as defect could have been found from an objective technical standpoint without disproportionately high time and cost
§ 823 BGB
14.05.1985 BGH NJW 1985, 2420 VI. Civil Senate (VI ZR 168/83) = VersR 1985, 837 Claimant bought compressor from defendant manufacturer; motor damaged when oil lost due to fracture in pipe
Claim for damage to motor under § 823 I as defect in part harming integrity interest in whole, rather than interest in value and usability
Tests for making distinction
For former to apply, no special circumstances needed and harm can take place gradually as well as violently
Irrelevant that harm due to absence of additional fixing for pipe
§ 823 BGB
18.01.1983 BGHZ 86, 256 VI. Civil Senate (VI ZR 310/79) Gaszug -decision = NJW 1983, 810 = JZ 1983, 499 Claimant bought from garage a car made by defendant; throttle defective; two accidents caused by acceleration on dethrottling
Claim for repairs to car (and fence) under § 823 I as defect in part harming integrity interest in whole, rather than interest in value and usability
Tests for making distinction
§ 823 BGB
05.07.1978 BGH NJW 1978, 2241
VIII. Civil Senate
(VIII ZR 172/77)
= JR 1979, 199
Claimant bought used car from defendant; rear tyre not conforming to legal standard caused accident
“Unexceptionable technical condition" guarantee of quality, not mere description, under § 459 and car not safe
Claim under § 463 I
Liability for absence of stipulated qualities not affected by written exclusions
For failure to perform, limitation period ran from delivery, so time barred under § 477
Claim in tort under § 823 I
Defective part caused harm to whole after property passed
Unaffected by written exemptions and car being bought "as inspected" in view of statement as to condition
§§ 463, 477, 823 BGB
11.01.1978 BGH NJW 1978, 1051 VIII. Civil Senate (VIII ZR 1/77) = JR 1978, 240 Defendant supplied impure sand for cladding of claimant's house
No claim under statutory guarantees on sale of goods, as not possible or time barred under § 477
No claim under § 823 I as no harm to house
Claimant's interest in material mixed with sand lost by mingling and processing
Acquired new interest in cladding so harm to this
was economic loss and not property damage
§ 823 BGB
24.11.1976 BGHZ 67, 359 VIII. Civil Senate (VIII ZR 137/75) Schwimmschalter -decision = NJW 1977, 379 = JZ 1977, 343 See VersR 1977, 358 for critical notes by Lieb and Rengier Defendants supplied manufacturer with cleaning apparatus under warranty excluding other claims, which caught fire due to defective switch supplied by third party
Contractual claims time barred under § 477
Objective breach of duty in tort
Burden of proof on defendant to disprove
§ 823 I covered harm to apparatus itself
Free from fault but containing defective switch causing damage after property passed
Under contra proferentum (obscurity) rule, exclusion of liability did not affect claim in tort
§§ 823, 824 BGB
30.05.1963 BGHZ 39, 366 VII. Civil Senate (VII ZR 236/61) = NJW 1963, 1827 = VersR 1963, 933, 1024 § 823 BGB
§§ 330, 367 Nr. 15 StGB
27.05.1963 BGHZ 39, 358 III. Civil Senate (III ZR 48/62) = NJW 1963, 1821 = JZ 63, 707 = VersR 1963, 973 See VersR 1963, 973 for a critical note by Rupp Art. 34 GG
§ 839 BGB
§ 1 PrG über die Haftung des Staates für Amtspflichtverletzungenvom 1. August 1909