Odszkodowanie kosztorysowe a nieosiągnięcie zamierzonego celu świadczenia
Cost-estimation damages compensation and failure to achieve the intended purpose of the performance

Summary/Abstract: The subject of this article is an attempt to answer the question whether the amount awarded to the aggrieved party as a cost-estimation damages (ex ante calculated compensation) must be used to remove the effects of the damage (e.g. to improve a service or to repair a damaged item). These consid- erations were undertaken due to the Austrian jurisprudence, in particular the judgment of the Austrian Supreme Court of August 29, 2019, file ref. no. 1 Ob 105/19a, according to which the above-mentioned compensation ought to be used to eliminate the effects of the damage, otherwise unjust enrichment may occur (§ 1435 of the Austrian Civil Code).

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