Garantiehaftung und Verschuldenshaftung im gegenseitigen Vertrag

In the literature concerning German contract law, the general opinion is that the debtor has to pay the creditor's interest only if the debtor is at fault, whereas in common law systems the debtor has to pay the interest even in there has been no negligence (strict liability). In this book, Holger Sutschet shows that these commonly-held beliefs have been oversimplified: in German law and in common law systems there is always not only a fault liability but a strict liability as well. In general, the debtor is strictly liable for the performance of the contract. Where damages however are concerned, the debtor may be strictly liable or fault liable only, depending on whether the parties have agreed upon the debtor's duty to achieve the absence of damages as a result.