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Experts Untrue Statement Of A Third Party Civil Liability,

Posted on:2007-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2206360185460226Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
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 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 misrepresentation is 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 stipulated professional's liability as a separate section, but they did not describe situations when professional's 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 misrepresentation in the hope of propelling further...
Keywords/Search Tags:professional, misrepresentation, the third party, pure economic losses
PDF Full Text Request
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