Case: The award – Warehouse of Law

5 associates A, B, C, D and E from the Sauerland determine to spend a weekend collectively on the Edersee. For this, the 5 associates hire a rural tourism home for 2 nights. The aim is to swim within the lake, have a barbecue, and drink beer collectively. They don’t make a standard fund, as a substitute they comply with pay equally for the bills incurred within the journey after they return residence.

No sooner stated than accomplished. The next Friday they embark on the journey in three automobiles. It’s agreed that A, who’s touring alone, stops at a grocery store alongside the way in which and buys two instances of beer for the group. On the grocery store, A chooses an excellent beer that everybody likes and opts for Krambacher Regenwald, which he considers wonderful Lucher Pils. Whereas paying on the grocery store checkout, you discover an promoting brochure caught to the highest checkout that claims one thing a few raffle, however you do not take note of it.

At Lake Eder, the weekend goes in accordance with plan. On Saturday night time they sit down collectively for a beer. B goes to the final field and takes 5 bottles to the desk. Then he opens the bottles and provides every one one. After the primary toast, C appears to be like on the label on his bottle for the primary time that weekend and reads one thing a few raffle: Lucher beer bottle caps are stamped with the numbers of the raffle together with the codes to enter into the Lucher brewery web site to assert the award. The primary prize is an Audi A3. C had watched B open the bottles and place the caps on the desk. He takes his, and turns it over and sees the image of a automotive, the primary prize and a numerical code. In different phrases, you notice that you’ve hit the jackpot of the lottery.

C explodes with pleasure and A, B, D and E too. However their laughter disappears when C begins speaking about “his” automotive.

On Sunday morning, the 5 associates discuss concerning the award once more. C insists that it was his bottle that was awarded and, due to this fact, the prize is his. The remainder of Sunday is extraordinarily chilly. When he will get residence to the Sauerland, the bills are divided into fifths, and A provides the deposit for the glass helmets as a part of the bill, since he’s going to return them. The next Tuesday, C claims the award from the Lucher brewery by way of its web site. The Audi A3, with an actual worth of 25,000 euros, is delivered on Thursday to C in Gießen and bought instantly by him for this value. E has cash issues. Whereas A, B and D take into account their friendship with C extra vital they usually settle down. E is set to do one thing. After C has repeatedly refused to pay him 1/5 of the worth of the prize (5,000 euros) E needs to demand the 5,000 euros.

Excerpted from Examensklausur: Bottle cap win & loss of friendship, Dr. Michael Hippeli,

Questions:

  1. Is there a contractual relationship between A, B, C, D and E? Why is it not a favor relationship?
  2. What sort of contract would A, B, C, D and E have entered into?
  3. What’s the necessary content material of the contract allegedly entered into?
  4. Is it related {that a} widespread fund was not fashioned? What authorized penalties does it have?
  5. For whose account did B purchase the beers?
  6. Who owns the beers as soon as bought by B?
  7. Who does the award correspond to?
  8. Is the demand for E to be estimated? Does E need to additionally sue A, B and D or simply C?

Put together the declare for E towards C indicating the motion and the declare exercised, the time period to train it, the competent courtroom (place and jurisdiction), the quantity claimed and the authorized grounds.

Picture: Pedro Fraile

360 gaze

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