Civil Liability To The Third Party Caused By Professional's Negligent Misrepresentation

With the fast development of society, social labor division becomes more and more refined, and the so-called all-powerful man is rare. When people do something, they tend to turn to others for knowledge and skills due to their insufficient knowledge about their own trades, their inability and their lack of experience to a certain degree, and those professional and skillful experts are quite trustworthy to them. If professionals provide false information, people will suffer great losses when they act according to those professionals' suggestions. One hand, naturally those contractual clients who suffer losses will get compensations as stipulated, because of the comparative constraint of the contract, the third party who is not contractual will not get compensation .On the other hand, pure economic losses also could not be remedied in traditional law ,so his interest will not be protected. Professional's sense of responsibility must be intensified and system of civil liability to the third party caused by professional's negligent misrepresentation should be established in order to avoid professional's abuse of people's trust on them, to protect the interest of the third party and to promote the development of market economy. Civil liability to the third party caused by professional's negligent misrepresentation constitutes an important part of professional's liability. The professional's civil liability system has become a research focus in law in developed countries since 1980s, while it is rarely studied in the field of law in China. At the beginning of this century, when drafting civil code, our learners spontaneously stipulated professional's liability as a separate section, but some items concerned are simple and they did not describe situations when professional's negligent misrepresentation damages the third party. In such context, this paper focuses on some basic issues related to system of civil liability to the third party caused by professional's negligent misrepresentation in the hope of propelling further development and perfection of professional civil liability system in China. Chapter 1 summarizes system of civil liability to the third party caused by professional's negligent misrepresentation. Some basic theoretical issues related to professional civil liability system are quite confused in China, so Chapter 1 firstly details the term-'professional' and the term-'professional civil liability', then it introduces the history of system of civil liability to the third party caused by professional's negligent misrepresentation,and lastly it explains that its value is realized in three aspects: complements and perfects this system, promotes the development of pure economic loss compensatory system, further protects the interest of the third party so as to embody justice. The second chapter discusses the nature of civil liability to the third party caused by professional's negligent misrepresentation. In different country professional take on different natural liability. It is different defendant range and manner to the third party by different natural liability. So it is important to make sure the nature of liability. Through the introduction of contract liability doctrine,tort liability doctrine,dependent liability doctrine,comparisons among these three terms, and study on present choice of judiciary practice in China, the author argues that the adoption of tort liability doctrine is more suitable for jurisprudence and our national situations. The third chapter discusses components for civil liability to the third party caused by professional's negligent misrepresentation . In author's view it is a kind of tort liability which professional take on to the third party. Based on theory about general elements of tort and features of civil liability to the third party caused by professional's negligent misrepresentation, they can be categorized into five components: 1.wrongdoer is a professional;2.professional has untrue representation;3.the the third party's interest is damaged;4. results in damage; 5. subjective mistakes. The fruits of this thesis lie in the research of system of civil liability to the third party caused by professional's negligent misrepresentation systemically and concentrated, and the acceptance of it. Considering the restriction of space, there aremany questions without being discussed such as duty to furnish evidence, insurance for liability, erloeschende vergaehrung, so the author feel sorry for the unintegrity of the system. I will be glad if this thesis can be payed attention to by the learners who are drafting civil code in China.