Damage and claims for compensation can arise in a wide variety of life situations

Contractual claims for damages result, for example, from a purchase contract, an exchange contract, a gift or a contract for the supply of goods. These are so-called procurement claims. However, claims to procure third-party transactions, such as a payment services and payment service framework agreement, a brokerage agreement or an agency agreement, are also contractually based.

The same applies to contracts for work and materials, service contracts and transfer agreements such as the loan agreement, rental, leasehold or leasing agreement, trust agreement or loan. These contractual claims are rounded off by so-called secondary claims such as poor performance, impossibility, obligation to show consideration or debtor default.

Compensation for fidelity damage, claims arising from management without mandate or claims against the representative without power of representation are counted among the quasi-contractual claims. A prime example is the claim from culpa in contrahendo: You enter a supermarket, but before you get beyond the vegetable and fruit department, you slip on a banana peel and injure yourself. You have not yet bought any goods, but you have entered the supermarket with the intention of concluding a contract. The principles of culpa in contrahendo grant you a claim under a pre-contractual obligation.

Another area of claims for which a lawyer may be required for damages relates to material claims. This concerns, for example, the surrender of an object, claims due to seizure of possession, claims for removal (e.g. removal of a priority notice in a land register or a land register correction claim) or injunctive relief against a troublemaker.

Material Claims are to be distinguished from tortious claims. In contrast to material claims, tortious claims do not presuppose an owner-owner relationship, but apply in the case of tortious acts of any third party. This includes strict liability (e.g. product liability law) as well as liability in tort (e.g. road traffic law).

Have you suffered damage or have you caused damage to someone else and are being claimed against? As a lawyer for damages, we are at your disposal not only in the Traunstein and Chiemgau area, but throughout Germany. Please contact us.