non performance

Question 1

breach of contract

Answer 1

what a party fails to fulfill its obligation under a contract

Question 2

law in austria

Answer 2

different consequences on whether performance is impossible, delayed of goods delivered are defective

Question 3

perfomance is impossible before conclusion

Answer 3

contract then falls apart and the parties must return any benefits already recieved

Question 4

performance is impossible after the conclusion

Answer 4

contract remains in effect and the injured party has a claim for delay in performance or warranty

Question 5

delay in performance

Answer 5

one party’s failure to perform within the agreed time frame, to deliver the agreed place or to fulfill the contract in the determined manner

Question 6

delay in performance entitles the other party to

Answer 6

insist on performance of the contract pr
to set a grace period
or to rescind the contract

Question 7

warranty

Answer 7

primadry a claim for repair or replacement

Question 8

the party selling goods is liable for

Answer 8

the assets having the agreed assumed wualities
conform with is decrpitoin, sample or model
used inline with the nature of the transaction or the concluded agreement

Question 9

any deviation

Answer 9

may be a defect

Question 10

primary remedies

Answer 10

in case of breach of warranty, the buyer can request the seller to repair or replace the defective good

Question 11

secondary remedies

Answer 11

only if department or replacement is impossible for seller, the buyer is entitled to an appropriate reduction of the price or to rescind the contract

Question 12

a warranty claim must be raised within the followingg limited periods

Answer 12

2 years for movable property
3 years for immovables
starts to run from delivery

Question 13

guarantees

Answer 13

is voluntary and warranty is a right afforded by the law