Economics

Question 1

What rights apply to a sale of good where the the goods bears a material defect by the time risk is passed?

Answer 1

the following rights could apply:
- Cure–§§437No.1,439I
- Revocation
— If cure would be possible – §§ 437 No. 2, 440, 323 I
— If cure is impossible – §§ 437 No. 2, 326 V
- Reduction of purchase price – § 437 No. 2, 441 I
- Damages (in lieu of performance)
— If cure would be possible – §§ 437 No. 3, 280 I, III, 281
— If cure is impossible – ex post impossibility – §§ 437 No. 3, 280 I, III, 283
— If cure is impossible – ex ante impossibility – §§ 437 No. 3, 311a II

Question 2

Rights of the buyer

Answer 2

§§ 437 BGB

Question 3

Passing of risk and of charges

Answer 3

§§ 446