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Layman may rely on pattern-contract forms

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BGH-Urteil: Haben sich Käufer und Verkäufer auf das Vertragsmuster
 geeinigt, kann im Nachhinein nicht einer allein das Risiko tragen.

Federal Supreme Court Rules: Have agreed between buyer and seller on the contract model, may not subsequently take a risk alone.

HB KARLSRUHE. Legal lay people can rely on standard contracts, as they are published, for example by ADAC and insurance as well as sold in a stationery shop. This is true even if the form contains a clause that legally it is no longer correct. Buyer and seller have agreed on the contract model can not, in retrospect, but the risk of a bear, judged the Federal High Court. (Az: VIII ZR 67/09 – Case of 17 February 2010)

In this particular case the plaintiff had bought from North Rhine-Westphalia in May 2007 for 4600 euros a used car from a Privatfrau. Previously they had agreed to call on anyone who cares for a contract form. Since the seller had already one, this was the basis for the business.

In the pattern of insurance stated in part: "The buyer has inspected the vehicle and driving test. The rights of the buyer in case of defects are excluded." This rule should apply only in cases of fraud not. Nevertheless, the buyer demanded return later 1000. The car had a major accident damage, he argued.

Disclaimer he would accept no more and referred to the provisions of General Terms and Conditions. Thereafter, the seller’s liability would have been wrongly excluded, and would have to pay under the statutory warranty.

With such an interpretation would be forms of contract lapsed attorney criticized Peter Aquarius. "The parties were able to assume that the pattern is designed so that buyers and sellers are alike." It also saw the Supreme Court case. The parties had been concerned about securing their business as a legal layman. If you’ve finally brought the standard form of contract was "more of a fortuitous event," said the judges. The saleswoman had the contract not so actively shaped.