No Refund for Speed Trap Detectors
am 10.03.2005 von http://www.recht.us/amlaw
JN - Marl. The purchase of radar detectors designed to avoid speed traps is immoral pursuant to §138(1) BGB (Bürgerliches Gesetzbuch, Civil Code), the German Supreme Court ruled on February 23, 2005, Bundesgerichtshof (BGH), docket no. VIII ZR 129/04. Buyers of such devices cannot claim a refund according to the warranty provisions of the BGB, because the contract is void under the statute. For the same reason the exchange of money for goods cannot be reversed under the unjust enrichment provisions of the code. §817 BGB states that claims based on unjust enrichment are barred if both parties contributed to the breach of morality.
The Court confirmed that the purchase of radar detectors amounts to …
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