Principles of European Law on Service Contracts (PELSC):Artikel 1:110 Contractual Duty of the Service Provider to Warn

Principles of European Law on Service Contracts (PELSC)

Artikel 1:110 Contractual Duty of the Service Provider to Warn

Geldend

Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.Deze functie is alleen te gebruiken als je bent ingelogd.

(1)

The service provider is under a duty to warn the client if the service provider becomes aware or if the service provider has reason to know that the service requested:

(a)

may not achieve the result stated or envisaged by the client at the time of conclusion of the contract, or

(b)

may damage other interests of the client, or

(c)

may become more expensive or take more time than agreed upon in the contract,

either as a result of following information or directions given by the client or collected in accordance with Article 1:105, or as a result of the occurrence of any other risk.

(2)

The service provider must take reasonable measures to ensure that the client understands the content of the warning.

(3)

The duty to warn in paragraph (1) does not apply if the client:

(a)

already knows of the risks referred to in paragraph (1)(a), (b), or (c); or

(b)

has reason to know of the risks.

(4)

If an event referred to in paragraph (1) occurs and the client was not duly warned, the client need not accept a change of the service under Article 1:111.

(5)

For the purpose of paragraph (1), the service provider has ‘reason to know’ if the risks would be obvious to a comparable service provider in the same situation as this service provider from all the facts and circumstances known to the service provider without investigation.

(6)

For the purpose of paragraph (3)(b), the client has ‘reason to know’ if the risks would be obvious to a comparable client in the same situation as this client from all the facts and circumstances known to the client. The client is not treated as knowing of a risk, or having reason to know of it, merely because the client was competent, or was advised by others who were competent, in the relevant field, unless such other person acted as the agent of the client, in which case Article 1:305 PECL (Imputed Knowledge and Intention) applies.

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