Inomobligatoriskt skadestånd för ren förmögenhetsskada - med särskild inriktning på avtal om handelsagentur

Detta är en Uppsats för yrkesexamina på avancerad nivå från Lunds universitet/Juridiska institutionen

Sammanfattning: If one of the parties to a contract does not fulfill his contractual promise, or has given information to the other party that he will not perform as mentioned in the contract, he is said to breach the contract. With that a breach of contract is a legal cause of action in which a contract is not honored by one of the parties. Most of the time ones breach of contract leads to an economic loss for the other party. Economic loss refers to a financial loss rather than a physical injury to the person or destruction of property. An economic loss is ether a consequential economic loss, arising from physical damage or injury, or a pure economic loss arising from other circumstances. The purpose of this essay is mainly to investigate when a party can be compensated for the pure economic loss. According to the Swedish Tort Liability Act, pure economic loss arising in a non-contractual relation shall be compensated only if the loss is caused through a commission of a crime. That is not the case in a contractual relation. The party to a contract who causes the other party a pure economic loss has a responsibility to compensate the loss, as long as the rest of the conditions are met. Liability for a pure economic loss is restricted under some circumstances. First of all we need causation between the injuring action and the loss that has risen. In most cases this criterion is not a problem, because it is the contract itself that obligates the parties to each other. Secondly, we need the causation to be adequate. In an Agency Agreement lots of different kind of breaches of contract can arise. Breaches of contract committed by the principal is for example that he, contrary to the commercial agents exclusive right, by it self take action in the area or assigns someone else to do it. Breaches of contract committed by the commercial agent is for example that he doesn’t sell as much as it is stipulated in the contract or terminate the contract without any right doing so. According to the legislation surrounding the commercial agent and its principal, the party that breaches the contract is required to compensate the other party for its pure economical loss if he has been negligent or has intend to hurt the other party. There is a presumption that the party did breach the contract because of negligence or that he intended to do so. The fact that one party knows that the other party has a legal liability to compensate for a pure economic loss, makes the parties feel much safer to enter a contract and make a contractual commitment. This leads to that more voluntary transactions take place which has a so called quasi interest. The more voluntary transaction – the greater quasi interest. That there is a quasi interest means that the prosperity in the society has increased.

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