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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property by claimant’s associate (not in contract with claimant) Valuation ignored rent restriction Claimant’s purchase rescinded and wasted expenses claimed Persons within protected area of contract need only to be objectively determinable and need not be in charge of contracting party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