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Normally, I only report on topics in IT law and/or media law, but in the case of a recent ruling by the Coburg District Court, I’ll make an exception for once. Moreover, it also affects the Internet, at least somehow 😉
In the underlying case, the buyer of a dwarf eider hen had filed a claim for rescission of the purchase contract, because shortly after the purchase it turned out that the hen offered via the Internet was actually a rooster.
Over an Internet platform young dwarf silkie hens were offered for sale for 45,00 € the piece. The buyer then contacted the seller and purchased a total of three animals. However, after about two weeks, it turned out that one of these chickens was a rooster.
However, the defendant seller did not comply with the buyer’s request to take back this rooster and deliver a hen instead or to refund the purchase price. Thereupon, the buyer withdrew from the purchase contract. As the parties were unable to reach an agreement, the case was heard by the Coburg District Court.
The decision
The Coburg Local Court ruled in favor of the buyer. Through the description of the animals offered for sale on the Internet as “young dwarf willow hens” and the subsequent purchase contract, the parties have reached a binding agreement on the condition of the animals.
However, the sold dwarf silkie cock did not correspond to this condition, because it was not a hen. The rooster was therefore defective because of its maleness and the plaintiff was entitled to withdraw from the purchase contract.
The judgment is final. So being a man is a defect!
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
