Holger Kall
Das Unsicherheitsrisiko beim Kauf
Die Geltendmachung von Gewährleistungsrechten bei Unsicherheiten hinsichtlich eines Mangels
[The "Uncertainty Risk” in the Sales Contract. Asserting Warranty Rights in the Event of Uncertainty Regarding a Defect.]
2022. 293 pages. Price for libraries
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Summary
The facts of a case are only determined in a binding manner once a dispute has been adjudicated. Before that, parties to a contract regularly have to make their decisions based on uncertain grounds, which bears the risk of - in hindsight - wrong assessments that can damage the opposing party. Can a party be held liable for the consequences of such an uncertainty? Holger Kall assesses the criteria necessary for an adequate distribution of the "uncertainty risk” between the parties to a sales contract.