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| BGB 276. 2 A person acts negligently if he fails to exercise reasonable care . |
| BGB 286. 1 If the obligor , following a warning notice from the obligee that is made after performance is due , fails to perform , he is in default as a result of the warning notice . Bringing an action for performance and serving a demand for payment in summary debt proceedings for recovery of debt have the same effect as a warning notice . |
| 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 339 Where the obligor promises the obligee , in the event that he fails to perform his obligation or fails to do so properly , payment of an amount of money as a penalty , the penalty is payable if he is in default . If the performance owed consists in forbearance , the penalty is payable on breach . |
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