Holger Sutschet
Garantiehaftung und Verschuldenshaftung im gegenseitigen Vertrag
[Warranty Liability and Fault Liability in the Reciprocal Contract.]
2006. 361 pages. unrevised e-book edition 2019; Original edition 2006. Price for libraries
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Holger Sutschet shows that 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.