Contract

A claim against the seller or other supplier can be based on contract given that there usually is a contractual relation between him and the damaged person. Compensation claims based on contract follow the same provisions as compensation claims based on tort (§§ 1295 ABGB). Nevertheless some differences are to be mentioned: most importantly, according to § 1298 ABGB the burden of proof (at least in slight negligence cases) is shifted to the tortfeasor, who is additionally liable for his employees' fault (§ 1313a ABGB)[3].

---

3. Loss of profit can be compensated in cases of slight negligence also.