The question of liability for registered mail sent by Deutsche Post is becoming increasingly important, as in the real world of amazon, ebay & Co. goods are increasingly being sent as e.g. registered maxi letters. This is when the question of whether and, if so, to what extent liability on the part of the postal service can be considered comes into play. This is the subject of the following article.
According to recent rulings by the Federal Court of Justice (judgments of 4 July 2017, case no. XI ZR 562/15 and case no. XI ZR 233/16), processing fees that have been customary for a long time are also inadmissible for loans to companies and thus corresponding agreements in loan agreements – even in the case of overdraft facilities – are invalid.
Action against legally binding enforcement order
BGH eliminates widespread misunderstanding of its case law on the application of warranty law for material defects when purchasing shares! A comprehensive exclusion of statutory warranty claims in the share purchase agreement does not fundamentally preclude the application of Section 313 BGB (frustration of contract)!
“By their legal nature, media agency agreements are generally to be qualified as agency agreements in which one party (media agency) undertakes to carry out an independent economic activity to safeguard the financial interests of third parties (in particular media planning and buying) and the other party (advertising client) undertakes to pay a fee.” (BGH ruling from 16.6.2016, ref. III ZR 282/14)
Negotiation is more than negotiation. The party proposing an arrangement must seriously put its content up for negotiation and give the other contracting party recognizable freedom to protect its interests.
General terms and conditions (GTC) affect everyone: whether commercial enterprises, which try to make their respective GTC the basis of the business relationship in their business dealings with each other, or private individuals, who are confronted with GTC in every situation in life – for example when boarding public transport, shopping on eBay or amazon or even when entering a department store. The importance of general terms and conditions is therefore immense.
The purchase of shares is a legal purchase to which the rules on liability for material defects generally do not apply. An exception only applies if the object of purchase is the entire company or, in the case of the purchase of shares, (almost) all shares. Contrary to a long-standing misconception in legal literature and the courts of lower instances, it is not sufficient if the purchaser holds all or almost all of the shares in a company as a result of the transaction.
Handling agents are the exotic in the transport chain.
Warning associations such as VSW are not entitled to a so-called warning privilege. Warning associations are liable if they issue warnings without cause and culpably.