Case Studies Flashcards
A bakery opens at 3:00 am, and you walk in at 3:30 am and conduct a transaction, buying bread for EUR 0.50
(a) How many transactions are there in total? Please state all contract(s).
(b) Which principle in BGB renders the obligation contract void?
(c) Given a void contract, is there any obligation arising from you or the bakery?
Karl, an art enthusiast, agrees to purchase a painting from an online gallery for EUR 100 due to a technical pricing error on the gallery’s website; the actual price intended by the gallery is EUR 10,000.
(a) Does Karl demonstrate Handlungswille (intention to transact) when he agreed to purchase the painting?
(b) Is Karl’s belief that he is entering into a binding agreement for EUR 100 indicative of Erklärungsbewusstsein
(c) Considering the pricing error, does the gallery possess Geschäftswille to sell the painting at the listed price?
(e) How does the Abstraktionsprinzip affect the validity of the transaction if Karl has already downloaded the painting?
(f) If the contract is deemed void due to the pricing error, how might the gallery proceed based on the principle of unjust enrichment?
Marie, interested in a classic car listed on a German website, communicates with Lukas, the car dealer, to express her intent to purchase. They discuss terms via email, and Lukas sends a draft contract for Marie to review. Marie, eager to finalize the deal, signs the document and emails it back to Lukas.
(a) What kind of Willenserklärung is demonstrated by Marie when she signs and emails the contract to Lukas?
(b) What could be the implications if the emailed contract does not meet the prescribed form requirement for a car sale?
(c) How might the Abstraktionsprinzip affect the transaction if Marie has already transferred the payment and Lukas has scheduled the delivery of the car?
(d) What defenses may Lukas have, in case Marie wants to withdraw this agreement?
