Pure Economic Loss in Europe

By Mauro Bussani; Vernon Valentine Palmer | Go to book overview

Relevant statutory and codified provisions
(In translation)

Austria

Civil Code

Article 1295
1. A person is entitled to demand indemnification for the damage from a person causing an injury by his fault; the damage may have been caused either by the violation of a contractual duty or without regard to a contract.
2. A person who intentionally injures another in a manner in violation of public morals, is liable therefor; however, if the injury was caused in the exercise of legal rights, the person causing it shall be liable therefor only when the exercise of this right obviously has the purpose to cause damage to the other.

Article 1299

A person who claims publicly an office, art, trade or handicraft, or who assumes voluntarily without necessity a business which demands specialized knowledge or extraordinary diligence, warrants thereby that he trusts himself to possess the necessary diligence and extraordinary knowledge; therefore, such person is liable for the lack thereof. However, if the person who entrusted the business to him knew of his inexperience, or could have known thereof by applying the usual attention, such person is also guilty of negligence.


Article 1300

An expert is liable when he negligently gives, for a consideration, bad advice in matters of his art or science. In other cases, a person giving advice is liable only for damage which he has knowingly caused to another by giving the advice.

-xxvi-

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