Expert Third Party Liability

Questions concerning liability for professional advice, expert opinions and information play an increasingly important role in a world which has become more complex and difficult and which is also marked by the specialization of professions. These questions form part of the problem of specific professional liability, which is often discussed today. The point discussed above all is the proper systematic classification in a field, which is defined by two poles: contractual liability on the one hand and tort liability on the other. Compared with general professional liability, liability for professional advice, expert opinions and information, etc., is distinguished from the outset by a specific feature: It typically does not involve an immediate physical infliction of harm. Instead, it involves harm, which arises solely as a result of the fact that the contracting party or a third party follows faulty advice. Most of the time, this involves only pecuniary damage/ pure economic loss. This thesis focuses on the liability for a third party follows faulty advice or information, which involves only pecuniary damage/ pure economic loss.The thesis is consists of four subject-oriented chapters, which approximately 30, 000 words in aggregate.First of all, this thesis gives the explicit concept of expert and professional liability, and then makes a restraint about what this thesis is discussing. Then the author discusses historical development in Common Law and Civil Law about this question. In Common Law, from the case Hedley Byrne & Co. Ltd v. Heller & Partners Ltd, liability for professional advice, expert opinions and information is resolved by tort law. But in Civil law the question is resolved through contract law in most cases, by information contract with whom it may concern or information contract with protection effect forthird parties; information contract by silence; culpa in contrahendo; sometimes by tort law.And then the author put forth the requisites to constitute liability for a third party , which is including misrepresentation, founts, reliance, and damage. This kind of damage only includes pecuniary damage / pure economic loss. And the author put forth the doctrine of liabilities fixation, which the author thinks to be doctrine of presumptive wrongs.In the end, the writer discusses the limitation of the liability and professional liability insurance.The liability for advice or information given raises numerous practically relevant and theoretically interesting questions. The varied nature of the cases prevents generalized statements. Instead, the individual professional standards must be ascertained taking into account the circumstances of the individual case.