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Attorney liability for damage

Publication at Faculty of Mathematics and Physics, Faculty of Law |
2013

Abstract

The book - first of that kind in the Czech Republic - deals comprehensively with the key problem of the attorney's activity: liability for loss (damage). The analytical approach is based on a comparison of two traditional and one post communist systems (English, German, Hungarian).

In contradiction to the majority view (strict liability) it concludes that attorney's liability is a liability based on a fault (negligence). A benchmark of an objectivated fault is a care (degree of care) devoted during a fullfilment of his(her) duties.