Tort Law — Economic Loss III (negligent statements)
| Date | Citation | Note |
|---|---|---|
| 02.04.1998 | BGHZ 138, 257 III. Civil Senate (III ZR 245/96) | Liability of auditors for incorrect information (scope and extent) § 328 BGB §§ 316 ff., 323 HGB |
| 10.11.1994 | BGHZ 127, 378 III. Civil Senate (III ZR 50/94) WM 1984, 1233 | Report prepared by architect (value and state of repair of a building); inclusion of third persons in the protective scope of a contract §§ 328, 334 BGB |
| 10.05.1984 | BGH NJW 1985, 2411 I. Civil Senate (I ZR 52/82) | Drittschadensliquidation and delictual claims as independent claims §§ 194, 249, 242 BGB § 423 HGB § 64 ADSp. |
| 02.11.1983 | BGH NJW 1984, 355 IVa. Civil Senate (IVa ZR 20/82) | Expert appointed to value property by claimant’s associate (not in contract with claimant) Valuation ignored rent restriction Claimant’s purchase rescinded and wasted expenses claimed Persons within protected
area of contract need only to be objectively determinable and need not be in charge of contracting party for better of for worse Claimant not contributorily negligent in not seeking own information or detecting mistakes Doubt as to whether information
about rent caused claimant’s loss in view of his intention to sell apartments §§ 276, 328 BGB |
| 28.04.1982 | BGH NJW 1982, 2431 IVa. Civil Senate (IVa ZR 312/80) | Claim by bank in respect of defendant's expert valuation and information supplied at request of Danish consul Irrecoverable credit granted in reliance on this Defendant should have assumed that future suppliers of credit were within protective sphere of contract Possible liability of defendant of Danish state and assignment of this to claimant § 328 BGB |
| 12.02.1979 | BGH WM 1979, 548 VI. Civil Senate (II ZR 177/77) = NJW 1979, 1595 | Claim against bank in respect of inaccurate information about creditworthiness of third party Information knowingly disseminated for passing on to potential private investors Recipients not necessarily known to bank but still a determinable group Good faith created a contract to supply information where potential addressee relied on information Contract negligently performed (§§ 276 and 278) § 676 BGB |
| 28.02.1977 | BGHZ 69, 82 II. Civil Senate (II ZR 52/75) | Claim against building company's bank Claimant supplied company, obtaining payment by direct debit; bank delayed in returning invoices unpaid, in breach of agreement with claimant's bank Claim for loss suffered because of goods delivered in period of delay Claimant within protective effect of contract between banks Claimant and claimant's bank had equal interest in prompt notification §§ 328, 662, 675 BGB |
| 25.11.1971 | BGH VersR 1972, 274 MDR 1972, 316 | Oil leakage due to defective installation of a weld Drittschadensliquidation 278, 831 BGB |