Study On The Liability To The Third Party Caused By Professional’ Misrepresentation

Professional liability to the third party means the liability taken by the professionals who have caused damage to the third party by their work action.The third party with the professional have not the contractual relationships. The liability to the third party caused by professional’ misrepresentation is one of core institutions in the field of professional liability.The loss of the third party caused by professional’s misrepresentation is always the pure economic loss. This thesis talks about this liability in three parts. First of all, whether the third party could ask for his losses, what is the social basis of the professional liability. The second part is which way should choose to solve this problem, especially about the third party’s pure economic losses. In the end, haw we could do to pay for the third party’s pure economic losses. By studying other country’s law, in Anglo-American law system, the professional liability to the third party is usually inclination with Negligence tort liability, the German law solves this kind of liability mainly by expanding the contract liability. Our country has not make up the institutions of professional liability. In our tort law, the pure economic losses could be solved through tort liability. As far as our legal system is concerned, the approach of tort law is the best way, and many scholars agree with it. Besides, the pure economic loss of the third party should be limited to prevent the rampancy suit; the main way is to limit the third party’s range.