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Date: 20.03.1997
Country: Austria
Number: 2 Ob 58/97m
Court: Oberster Gerichtshof
Parties: Unknown
OFFER - SUFFICIENTLY DEFINITE AS TO QUALITY OF THE GOODS (ART. 14 CISG) - INTERPRETATION OF OFFER ACCORDING TO UNDERSTANDING OF REASONABLE PERSON OF THE SAME KIND AS OTHER PARTY IN SAME CIRCUMSTANCES (ART. 8(2) CISG)

MODIFIED ACCEPTANCE - MODIFICATION CONCERNING QUANTITY OF GOODS (ART. 19(3) CISG) - TO BE CONSIDERED MATERIAL UNLESS CIRCUMSTANCES OF THE CASE, PRACTICES BETWEEN THE PARTIES, NEGOTIATIONS OR USAGES DO NOT INDICATE OTHERWISE - MODIFICATION EXCLUSIVELY FAVORABLE TO OFFEROR - AS A RULE NOT TO BE CONSIDERED MATERIAL MODIFICATION (ART. 19(2) CISG)

AGENCY - AUTHORITY OF PURPORTED AGENT TO BIND ITS PRINCIPAL - MATTERS EXCLUDED FROM SCOPE OF CISG - DOMESTIC LAW APPLICABLE

MISTAKE - MATTERS EXCLUDED FROM SCOPE OF CISG - DOMESTIC LAW APPLICABLE