Volume 25, Issue 4 (2021)
CLR 2021, 25(4): 1-25 |
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Ehsangar N, Yazdanian A, Badini H. The liability of Contracting Party for Pure Economic Losses to Third Parties Based on a Comparative Study in British Law. CLR 2021; 25 (4) :1-25
URL: http://clr.modares.ac.ir/article-20-56693-en.html
URL: http://clr.modares.ac.ir/article-20-56693-en.html
1- Ph.D. student of private law at Faculty of Administrative & Economics, University of Isfahan, Isfahan, Iran
2- Associate Professor of private law at Faculty of Administrative & Economics, University of Isfahan, Isfahan, Iran ,a.yazdanian@ase.ui.ac.ir
3- Associate Professor of private law at Faculty of Law & Political science, University of Tehran, Tehran, Iran
2- Associate Professor of private law at Faculty of Administrative & Economics, University of Isfahan, Isfahan, Iran ,
3- Associate Professor of private law at Faculty of Law & Political science, University of Tehran, Tehran, Iran
Abstract: (1668 Views)
A breach of a contractual obligation can not only cause damage to an obligor but also cause damage to third parties. The damage resulting from breach of contractual obligations is mainly material or moral for which a contracting party can claim within the framework of contractual civil liability and a third party can claim in the realm of non-contractual civil liability. However, today there are also other types called pure economic losses have no material origin (property or body) and may cause by a third party or contracting party due to intentional or negligent breach of a contractual obligation by the obligor. In this type of loss, the liability of obligor toward obligee is less questionable but the liability of the obligor to a third party for these damages is discussed in legal regimes. In British Law, the liability of the contractor against a third party is exceptional while in Iranian law there is no general rule allowing a third party to sue contractual party for a breach of contract, however, the general duty of the contractual obligor to take care of the third party in the direction of the principle which can be invoked in the contract, and also the rules of civil liability, protect the legal rights of the injured party. It seems that despite the lack of an explicit text, its design is not far from the mind, this is what will be comparatively expressed in this article based on an inspiration of the provisions of British law.
Keywords: Breach of Obligation, Duty of Care, Pure Economic Loss, Third Parties, Tort of Negligence.
Article Type: Original Research |
Subject:
Comparative Law
Received: 2021/10/26 | Accepted: 2022/04/13 | Published: 2022/08/11
Received: 2021/10/26 | Accepted: 2022/04/13 | Published: 2022/08/11
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