2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Vehicle owners have to reward repair work by workshops even without a contractual agreement. However, a repair order should avoid problems that arise later.
Even without an order being placed, workshop customers have to pay for properly performed repair work on their vehicle. That comes from a judgment of the Higher Regional Court (OLG) Saxony-Anhalt.
Unjustified enrichment
In the case decided, a car workshop repaired a defective car without an express contractual agreement. However, the vehicle owner refused to pay for the repair because he had not placed an official order for it. As a result, the workshop sued the driver for payment of the repair and material costs incurred and was right.
According to "kfz-Betrieb", the judges sentenced the driver to pay the wages. The claim of the plaintiff's workshop results from the "unjust enrichment" of the defendant. The court referred to Section 818 (2) BGB; thereafter, for work and services that are carried out without a contractual basis, "customary or appropriate remuneration" is to be paid as compensation. Nevertheless, in its ruling, the OLG emphasized how important it is for automotive companies and workshops to have a repair order confirmed in writing by the customer. This is the only way to avoid possible difficulties as in the present case (OLG Sachsen-Anhalt, Az.: 1 U 84/09). (mid)
