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Study On Civil Liability By Professional's Misrepresentation

Posted on:2018-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:C JiangFull Text:PDF
GTID:2346330542965161Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Misrepresentation is a kind of liability form that a expert subject to use its dominance,issued false information damage to the relationship between contract opposite party or the third person outside the contract.On The basis of behavior subject subjective mentality.Misrepresentation can be divided into intentional misrepresentation,negligent misrepresentation and unconscious three types of misrepresentation.Misrepresentation can be generalized to explain in the body of the experts,the expert may be defined as to provide specialized information service for enterprises and natural persons and organizations for the economic interests of the community.Negligent misrepresentation civil liability to a third person type on the Common Law went through a process from scratch.Civil law in our country can draw lessons from the related rules of tort law restated,adopt "the person or group" and "damage clearly shows" compromise mode control has the scope of litigation right of the third person.Major countries of two important legal systems of the third party liability of the nature of the false statement experts due to differences between the different law systems of obligation,in principle,it is advisable to be defined as tort liability in our country,but is deliberately false statements of the parties can choose based on fraud or Culpa In Contrahendo claims based on contract law.Misrepresentation causes not Only physical property damage and pure economic loss,also can cause mental injury special circumstances.The judge can consider protected interests proximity,presentation form,main body and the nature of social effect on expert judge for pure economic loss in the third person responsibility and limits,when calculating the misrepresentation caused by the loss,should also distinguish between whether there is a contractual relationship between the parties.Loss compensation in the trading day and the misrepresentation expose the target price as the standard,in order to make clear to calculate the tangible property damage to fill.Misrepresentation responsibility form and in violation of the inform obligation in the contract obligation and so on the good faith first principle of modal is not exactly the same,cannot be included of Culpa In Contrahendo rules of contract law in our country.In judicial practice,the judge can from information attributes,information suppliers and receiver three perspectives into account information in case the important degree of static,dynamic elements,and further adopt the method of dynamic elements in the flexible system disassembled form such as the duty of care to the misrepresentation responsibility,predictability,and the establishment of the reasonable trust components such as abstract or not judgement and reasoning.Can be set up in our future civil code of tort liability weaving expert tort types of general terms and conditions,in order to make up for the expert misrepresentation responsibility on the special rules of blank form.
Keywords/Search Tags:Expert, Misrepresentation, Information, Tort liability, Flexible system
PDF Full Text Request
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