Internationale Expertenhaftung

Carsten Sprenger examines the rules of choice of law and of jurisdiction in cases in which a non-contracting party claims the liability of an expert for a professional statement. A comparison of substantive law in England, France and Germany shows that the liability for negligent misstatements has elements of contractual as well as of tortious liability. In private international law, a thorough analysis of the interests of the persons involved leads the author to conclude that in general the law of the expert's place of business should be applied according to the choice of law rules for contracts. Furthermore, the author presents the option for the expert to include a choice of law clause in his evaluation.