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Confidential liability is the liability for trust that has been aroused and disappointed. Wherever a special legal relationship comparable to the culpa in contrahendo exists. Prerequisites for trust-based liability are a) conscious behaviour of the person claimed against, b) the injuring party has an interest in the situation of trust and aims at remuneration, and c) the need for protection of the contact person must be objectively justifiable.

Term-Nr.: 190

German: Vertrauenshaftung (850)

Source: LK-Lötscher, 11.05.2020

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