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Contract Law — The Policing of Contracts

Date Citation Note
14.09.2005 BGH VII ZR 363/04 VII. Civil Senate VII ZR 363/04 a) A defect in purchased goods may “manifest itself” after the rise has passed even if it could have been noticed by careful inspection at the time of delivery.
b) The presumption that a defect already existed at the time the risk passed may apply even if the defect is one which could arise at any time so that one cannot infer with assurance that it existed at the time of the passing of the risk
c) The presumption that a defect existed at the time the risk passed may apply to external defects such as damage to the bodywork of a vehicle, but it does not apply in the case of exterior defects which a non-specialist purchaser could not fail to notice.
BGB § 476
16.07.2003 BGH VIII ZR 302/02 VIII. Civil Senate Even in mail-order sales the seller does not undertake to deliver the goods to the buyer. In a sale by description the sellers obligation under §243(2) BGB is limited to handing the goods over to the carrier. If the goods are lost in transit, the seller has no further duty to perform.§275(1) (pre-2001 version) and § 269 BGB
24.02.1994 BGH NJW 1994, 1341 IX. Civil Senate (IX ZR 227/93) §§ 138, 765, 1618a BGB
08.01.1993 OLG Hamm NJW 1993, 2321 (20 U 249/92) § 119 I BGB
07.06.1988 BGH NJW 1988, 2599 IX. Civil Senate (IX ZR 245/86)  
17.04.1986 BGHZ 97, 372 IX. Civil Senate (IX ZR 200/85) Pillen -decision = NJW 1986, 2043 §§ 241, 823, 826 BGB
07.06.1984 BGHZ 91, 324 IX. Civil Senate (IX ZR 66/83) Sparkassen -decision = NJW 1984, 2279 §§ 116 ff. BGB
22.09.1983 BGH NJW 1984, 230 VII. Civil Senate (VII ZR 43/83)  
17.04.1970 BGH NJW 1970, 1179 I. Civil Senate (I ZR 124/68)  
17.11.1960 BGHZ 33, 302 VII. Civil Senate (VII ZR 115/59) = NJW 1961, 164 § 6 AbzG
§§ 133, 276, 278 BGB
11.03.1932 RGZ 135, 339
II. Civil Senate