Skip to main content Accessibility help
×
Home
Hostname: page-component-99c86f546-kpmwg Total loading time: 0.475 Render date: 2021-12-01T18:38:32.119Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

Case 13 - Misrepresentation or silence about a harvester's capacity

Published online by Cambridge University Press:  10 August 2009

John Cartwright
Affiliation:
University of Oxford
Martijn Hesselink
Affiliation:
Universiteit van Amsterdam
Get access

Summary

Case 13

A contracts to sell a harvesting machine to B, a farmer, which B requires to enable him to harvest his asparagus crop. In the pre-contractual negotiations, A told B that the machine would be able to harvest one acre a day, but when B comes to use it he discovers that it can only harvest half an acre a day. B is unable to obtain an alternative machine in time to save the half of the crop that cannot be harvested before it is ruined. He now also has a machine which he knows will be inadequate for next year's harvest. What liability (in contract, tort, restitution, or any other form of liability), if any, does A have to B?

Would it make a difference if A had made no statements about the capacity of the machine, but instead during the negotiations B told A that he expected that the machine would be able to harvest one acre a day?

Discussions

Austria

Since a contract has been concluded, the rules on ‘warranty’ (Gewährleistung) apply. The fact that express stipulations were made in the precontractual negotiations does not affect the application of §§922ff. ABGB. These rules have been changed most recently by the Warranty Amendment Act BGBl I 2001/48, which came into effect on 1 January 2002. The person suffering from a breach of express warranty must first claim repair or replacement of the non-complying delivered good.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×