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LIABILITY OF THE LAWYER FOR ADVICE AND OPINION

Silvija Petrić ; Pravni fakultet Sveučilišta u Splitu

Sažetak

The article contains an analysis of conditions for and limits of lawyer’s liability for damage arisen from the breach of obligation to give advice, opinion and information. The subject under discussion is a segment of a general legal institute of lawyer’s damage liability taking into account that lawyers are members of so-called intellectual professions. The specifics of the liability in question have been analysed in the context of determining the legal basis for lawyer’s liability in general, and therefore, for this special breach of his obligation. Moreover, the content of obligation to give opinions, advices and information, that is, of a possible breach of such obligation, has been analysed in details. However, defining elements of the standard of lawyer’s due diligence is, without any doubt, the most important to determine possibilities and limits of such liability. Having in mind a controversial quality of the problemacy in question, a special attention has been given to conditions for and limits of liability of the lawyer for advice and opinion in case of damage caused to third parties, but not to the direct party.

Ključne riječi

basis for liability; due diligence; liability to third parties

Hrčak ID:

53520

URI

https://hrcak.srce.hr/53520

Datum izdavanja:

8.4.2010.

Podaci na drugim jezicima: hrvatski njemački

Posjeta: 7.085 *