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Apart from that, the defendant bears the burden of proof that it is not at fault for the objectively determined defect, i.e. that it is not responsible for the objectively existing breach of duty, since the cause of the damage was in its danger area (BGH NJW 1964, 1791; 1968, 43 , 44; BauR 1979, 159; 1982, 514, 516; OLG Saarbrücken NJW-RR 1987, 470, 471; OLG Munich NJW-RR 1987, 854, 855;… Ingenstau-Korbion, 11th edition, § 13 VOB / B marginal no. 163, 701; ... Palandt-Thomas, 51st edition, § 635 BGB marginal no. 9).
The plaintiff refers to a judgment of the Saarbrücken Higher Regional Court of December 3, 1985 (NJW-RR 1987, 470, 471).
With regard to the facts giving rise to liability, i.e. the creation of an essential defect that nullifies the usability, they have not carelessly recognized the dangerousness of their actions, namely, subjectively inexcusable, they have not considered the possibility of formaldehyde and lindane vapors leading to the uninhabitability of the prefabricated house, although already Long before the contract was concluded, the harmfulness of formaldehyde and lindane was known and discussed in specialist circles (BGH LM CMR No. 36 Bl. 1 R; NJW-RR 1989, 991; OLG Saarbrücken NJW-RR 1987, 470, 471;… Ingenstau-Korbion, 11th edition, § 10 VOB / B marginal no. 38, 39, § 13 VOB marginal no. 738; ... Palandt-Heinrichs, 51st edition, § 277 BGB marginal no. 2).
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