The implied duty of a service provider to warn about a risk of construction defects resulting from a contract with a third party, with emphasis on defects resulting from design failures.
PhD student: Dr J.A. Luzak
Promotors: Prof M.B.M. Loos, Mr G.J.P. de Vries
Duration: 1/6/2005 - 31/5/2008
PhD defence: Amsterdam, 29/11/2011
This project investigates which role duties to warn play in European contract law and how such duties are imbedded in such system. To that extent, two branches of law are studied. Traditionally, duties to warn are recognised in construction law. More recently, duties to warn have emerged in the area of advice regarding some financial products. In this project the arguments that resulted in the acceptance of such duties by legislators and courts are analysed. The outcome of the project is likely to influence the development of a general framework in European contract law as regards duties to warn.