German Federal Court of Justice case law

Acceptable imperfections, fitness for purpose, expected quality, warranted product characteristics

The terms listed in the title of this paper cannot be derived directly from the law, but they are relatively common in legal practice. At first glance, they serve to define the work owed under the contract more specifically, not least to make a distinction between defective work and work free from defects. More often than not, however, these terms are also used to reduce the work expected by the ordering party to the standard that can be realistically expected from the point of view of the practitioner. This is exactly where the different standpoints of technical experts and legal...

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