Concrete
Contractor A orders 20 truckloads of concrete from the concrete dealer. B is unable to meet the delivery date and only delivers five days later, which results in A incurring high penalties from the client.
Question: What is the default and what claims will the parties make?
Cylinder Head Gaskets
A buys a car from B’s store. Three days after the purchase, it turns out that one of the engine’s cylinder head gaskets was defective. Three days after the purchase, A has engine damage to the vehicle.
Question: What is the default and what claims will the parties make?
Mr. A buys a washing machine from entrepreneur B. After a few days, it turns out that the machine does not pump out the water and therefore does not function properly.
Question: What is the nature of the breach of contract?
Fire before painting
A painting company A undertakes to paint Ms. B's apartment, but shortly before the work begins, the apartment is rendered uninhabitable by a fire. However, the painting company has already ordered and mixed the paint.
Question: What is the breach of contract?
Aunt T gives her niece N a supposed gold necklace for her birthday. A few weeks later, N has the necklace checked by a jeweler and learns that it is only gold-plated silver. N is disappointed and wants to demand that T give her a real gold necklace or pay compensation.
Question: Can N claim a real gold nacklace from T?
Mr. A sells Mr. B a vehicle for €15,000 and undertakes to deliver the car by June 1. Due to logistical problems, delivery is delayed by five months.
Question: How can B proceed?
Destroyed Car
A buys a car from B’s store. The vehicle is not delivered immediately. Before delivery, it is destroyed on B’s premises due to improper handling by one of B’s apprentices.
Question: What is the default and what claims will the parties make?
The innkeeper A orders 20 beef steaks from the meat trader B for a uniform dinner on February 14. Due to a clerical error, B delivers the fish fillets.
Question: What is the default and what claims will the parties make?
Sealing Rings
Installer A buys sealing rings from wholesaler B. These are brittle due to a fault that A cannot detect and start to leak after a few days. Due to the leak, the cellar of C, one of A’s customers, is flooded.
Question: What is the default and what claims will the parties make?
Greengrocery
The greengrocer A sells B two crates of carrots. When handing them over, A is careless and the carrots fall into the garbage can and can no longer be used. It turns out that the destroyed carrots were the last ones in A’s warehouse.
Question: Is this a case of (subsequent) impossibility?
Time Machine
A sells B a time machine. When he is supposed to deliver it, it does not work.
Question: Is this a case of (subsequent) impossibility?
Teaching a Language
A promises to teach B the French language in return for payment of EUR 20,000. It turns out that A does not speak French at all.
Question: Is this a case of (subsequent) impossibility?
Antique Statue
A sells B an antique statue that is to be restored for the time being. After the contract is concluded, but before it is handed over, the statue is destroyed due to an oversight by one of A’s employees.
Question: Is this a case of (subsequent) impossibility?
Antique Statue II
A sells B an antique statue for EUR 3,000. After the contract is concluded, but before it is handed over, the statue is destroyed due to an oversight by one of A’s employees. The vase had a resale value of EUR 5,000.
Question: What options does A have?
Antique Statue III
A sells B an antique statue that is to be restored for the time being. During an inspection, but before handover, the statue is knocked over by B and breaks into small pieces. Repair is no longer possible.
Question: What can A and B demand?
Antique Statue IV
A sells B an antique statue that is to be restored for the time being. During an inspection, but before handover, the statue is knocked over by a wolf entering B’s business premises. Repair is no longer possible.
Question: What can A and B demand?
Delayed delivery of a vehicle II
A sells B his vehicle for EUR 5,000 and wants to hand over the vehicle to B in Linz on May 14. On the same day, B is to transfer the EUR 5,000. While B transfers the EUR 5,000, A has been on vacation in Italy since 3 May and has completely forgotten about the handover. In the meantime, B needs a rental car and has costs of EUR 350.
Question: What options does B have?
A sells B his vehicle for EUR 5,000 and wants to hand over the vehicle to B on May 14 in Linz. On the same day, B is to transfer the EUR 5,000. While B transfers the EUR 5,000, A has unexpectedly been in Innsbruck since May 3 due to a quarantine order and cannot come to Linz to hand over the vehicle.
Question: What options does B have?
Rear Window
After the handover of the purchased car by seller B, buyer A discovers a crack in the rear window. He wants the seller to give him a car with an intact rear window.
Question: What options do A and B have?
Brakes
After the handover of a used car, the buyer discovers that the brakes do not work when the steering wheel is turned. It turns out that the seller, who sold the vehicle, is not – as stated at the time of sale – a certified car mechanic. The inspection of the vehicle was not carried out at all.
Question: Does the buyer really have to give the seller the opportunity to repair the vehicle or can he (cancel the contract) and demand his money back?
Tailgate
After the handover of a used car, ugly rust spots appear under the paint on the tailgate, which could not be removed even after several repair attempts. The buyer is generally satisfied with the vehicle, and the rust does not bother him, as he intends to use the car for spare parts anyway. The only annoyance is that the tailgate cannot be sold, and repairing it would be uneconomical.
Question: What options are available to the buyer?