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Liability for Damage Caused by Information or Advice in the Light of Recent Case Law

Publication at Faculty of Law |
2021

Abstract

This chapters reviews the matter of a no-fault liability for damage as laid down in section 2950 of Act 89/2012 Sb., Civil Code, as amended (CC) in view of the recent judgment of the Supreme Court of the Czech Republic in case No. 25 Cdo 2038/2018 of 30 January 2019. The strict construction of the language of this provision would require the wrongdoer to compensate damage caused by a wilful or dishonest conduct.

The Supreme Court's judgment partially contests this interpretation. Using the damage caused by a lawyer in the course of his legal practice as an example, the author reviews the various types of damage or loss to which the section 2950 CC would apply to the extent of the statutory interpretation made in the Supreme Court's judgment.