Table of content 1. The seller’s duty to protect 2. The seller’s duty to deliver 3.1 The meaning of delivery 3.2 How delivery occurs 3. The seller’s ability for latent defects 4.3 General principles 4.4 Requirements for liability 4.5 Scope of the seller’s liability 4.6 Waiver at the time of conclusion of the agreement 4.7 Latent defects in repairs 4. The manufacture & dealer’s liability for latent defect 5. Liability on the grounds of the seller 6. The sellers liability for eviction
Introduction
A contract of sale is a legal contract and exchange of goods, services to be exchanged from seller to buyer for an agreed upon value in money paid or the promise to pay same. 1. The seller’s duty to protect
The seller’s primary obligations are to transfer ownership of the goods and deliver the goods. A seller may agree to package or label the thing in a certain way or service the thing for a specific period of time. The seller’s is obliged to take care of the thing until it is delivered. The seller must exercise the care of a reasonable person in caring for the thing in question. The seller is liable for breach of contract if the thing is destroyed through his/her intentional or negligent carelessness. The seller is liable for breach of contract if the thing is destroyed through his/her intentional or negligent carelessness. However, in the absence of an explicit term excluding risk, the purchase carries the risk of the thing being accidentally damaged while still in the possession of the seller.
If the purchase remain in breach to receive the thing, the seller can only be held liable if the thing is damaged or perishes because of his/her intention or gross negligence.
2. The seller’s duty to deliver
3.1 The seller is obliged to deliver the thing to the purchaser. Delivery of the goods shall be made by the supplier in accordance with the terms