Master this deck with 20 terms through effective study methods.
Generated from uploaded handwritten-notes
Schlechtleistung refers to a defective delivery or performance that does not meet the agreed-upon quality or characteristics as outlined in § 434 BGB.
The types of defects include material defects, defects in assembly or assembly instructions, and defects in quantity or incorrect delivery.
According to § 439 I BGB, the primary right of the buyer is to demand subsequent performance, which can include repair or replacement of the defective goods.
§ 280 BGB allows for claims of damages alongside performance if the seller is at fault for the defective delivery.
If the costs of subsequent performance are unreasonably high, the buyer can refuse the repair or replacement as per § 275 BGB.
§ 440 I BGB outlines the secondary rights of the buyer, which can be invoked if the seller fails to fulfill the obligations after two unsuccessful attempts at subsequent performance.
If the deadline for subsequent performance has expired, the buyer may exercise their rights under § 440 I BGB, including the option to withdraw from the contract.
The buyer has the right to withdraw from the contract under § 437 BGB if the seller fails to deliver a defect-free product after attempts at subsequent performance.
Minderung refers to the reduction of the purchase price that the buyer can demand if the delivered goods are defective, as outlined in § 441 BGB.
Schadensersatz statt Leistung refers to the compensation for damages that the buyer can claim instead of performance when the seller is at fault, as per § 280 BGB.
§ 284 BGB provides for the reimbursement of expenses incurred by the buyer in reliance on the receipt of the performance that was not delivered as promised.
A Rechtsmangel refers to a legal defect, such as when the seller is not the rightful owner of the goods being sold.
§ 434 3 BGB addresses defects in the goods concerning incorrect delivery or quantity, allowing the buyer to claim remedies.
If two attempts at subsequent performance are unsuccessful, the buyer may pursue further rights, including withdrawal from the contract or claiming damages.
§ 323 BGB allows the buyer to withdraw from the contract if the seller fails to perform their obligations after a reasonable grace period.
Vergebliche Aufwendungen refers to the expenses incurred by the buyer in anticipation of receiving the performance, which they can claim back if the performance is not delivered.
§ 275 BGB states that the seller is not obliged to perform if the performance is impossible or if it would impose unreasonable costs.
Wahlrecht refers to the buyer's right to choose between different remedies available under the law, such as repair, replacement, or withdrawal from the contract.
§ 281 BGB allows the buyer to claim damages if the seller fails to perform their obligations after a reasonable period has been set for performance.
The buyer has the right to demand a new delivery of defect-free goods if the original delivery was defective, as per the provisions of § 439 BGB.