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Used Car with Oil Leak – OGH Rejects Contract Rescission

Civil Law 

In a recent decision, the Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) addressed the question of whether a safety-relevant defect in a used car automatically entitles the buyer to rescind the contract. A defect that impairs the road...

Safety-related Faults: Not Always Sufficient Grounds for Contract Termination

Civil Law 

The question of when a consumer may immediately terminate the contract of sale under the Consumer Guarantees Act (Verbrauchergewährleistungsgesetz, hereinafter VGG) in the case of a defective second-hand car was considered by the Austrian Supreme Cou...

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