Agent's Liability For Fault In Contracting

The research object of this paper is the agent's liability for fault in contracting,that is,whether the agent should assume his own liability if the fault in the contracting process leads to damage of the other contract parties.Domestic research on this issue is still wanting.Germany,as the birthplace of the theory of fault in contracting,has a lot of precedents and documents about this issue,but it also has great controversy.This paper mainly uses German law as a reference to explain and demonstrate the agent's liability for fault in contracting by exploring the nature for the pre-contract obligation.Its structure is as follows:The first chapter presents the issues studied in this paper.The second chapter analyzes the two existing types of agent's liability for fault in contracting based on the German doctrine and precedents,and discusses in detail the judgment criteria of " own financial interests " and "special reliance ".The third chapter is the focus of this paper.The pre-question to determine whether the agent can bear the liability for fault in contracting is the legitimate Basis of liability for fault in contracting.It is only by understanding the reason why a potential contractual party should have a pre-contract obligation that we can further discuss the possibility of the agent's liability.The idea is as follows: First of all,I made it clear that a prerequisite for the agent's liability for fault in contracting is his own pre-contract obligation.Secondly analyze the theories of the legitimate Basis of liability for fault in contracting.Finally examine the existing types of agents' own liability introduced in Chapter 2 and raise doubts about the "own financial interests" and "special reliance " and propose my own standards.