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BGB 180 Agency without authority is not permitted for a unilateral legal transaction . However , if the person in relation to whom such a legal transaction was to be undertaken did not , when the legal transaction was undertaken , question the power of agency the agent claimed to have , or if he was in agreement that the agent might act without authority , the provisions on contracts apply with the necessary modifications . The same applies if a unilateral legal transaction is undertaken in relation to an unauthorised agent with his consent .
BGB 312b. 4 In the case of contractual relationships that consist of an initial agreement with transactions following upon it or a series of separate transactions following upon it of the same type that have a temporal connection , the provisions on distance contracts only apply to the first agreement . If such transactions follow one another without such an agreement , the provisions on the duties of an entrepreneur to provide information apply only to the first transaction . However , if no transaction of the same type occurs for longer than one year , the next transaction is deemed to be the first transaction of a new series within the meaning of sentence 2.
BGB 326. 2 If the obligee is solely or very predominantly responsible for the circumstance due to which the obligor does not , under section 275 ( 1 ) to ( 3 ) , have to effect cure , or if this circumstance for which the obligor is not responsible occurs at a time when the obligee is in default of acceptance , the obligor retains the entitlement to consideration . However , he must allow to be credited against him what he saves due to release from performance or acquires or wilfully fails to acquire from other use of his labour .
BGB 326. 3 If the obligee demands , under section 285 , return of reimbursement obtained for the object owed or assignment of the claim to reimbursement , he remains obliged to render consideration . However , the latter is reduced under section 441 ( 3 ) to the extent that the value of the reimbursement or of the claim to reimbursement falls short of the value of the performance owed .