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BGB 287 While he is in default , the obligor is responsible for all negligence . He is liable for performance in the case of chance as well , unless the damage would have occurred even if performance had been made in good time .
BGB 543. 3 If the compelling reason consists in the violation of an obligation under the lease , then the notice of termination is only permitted after the expiry without result of a reasonable period specified for the purpose of obtaining relief or after an unheeded warning notice . This does not apply if a notice period or a warning notice obviously shows no chance of succeeding , immediate termination for special reasons is justified , weighing the interests of both parties , or the lessee is in default of payment of rent within the meaning of subsection ( 2 ) no . 3.
Section 848 Liability for chance in connection with deprivation of a thing
BGB 848 A person who is obliged to return a thing of which he has deprived another person by a tort is also responsible for accidental loss , for a chance impossibility of restitution for another reason or for accidental deterioration of the thing , unless such loss , other impossibility of restitution or deterioration would have occurred even without the deprivation .