Principles of European Law on Service Contracts (PELSC):Artikel 1:107 General Standard of Care for Services

Principles of European Law on Service Contracts (PELSC)

Artikel 1:107 General Standard of Care for Services

Geldend

Documentgegevens:

Geldend vanaf 01-10-2005

Redactionele toelichting: De dag van de datum van publicatie is gezet op 01.
Bronpublicatie:: 01-10-2005, Internet 2005, www.sgecc.net (uitgifte: 01-10-2005, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-10-2005
Bronpublicatie inwerkingtreding:: 01-10-2005, Internet 2005, www.sgecc.net (uitgifte: 01-10-2005, kamerstukken/regelingnummer: -)
Vakgebied(en): Verbintenissenrecht / Overeenkomst

(1)

The service provider must perform the service:

(a): with the care and skill that a reasonable service provider would exercise under the circumstances; and
(b): in conformity with any statutory or other binding legal rules that are applicable to the service.

(2)

If the service provider professes a higher standard of care and skill the provider must exercise that care and skill.

(3)

If the service provider is, or purports to be, a member of a group of professional service providers for which standards exist that have been set by a relevant authority or by that group itself, the service provider must exercise the care and skill expressed in these standards.

(4)

In determining the care and skill the client is entitled to expect, regard is to be had, among other things, to:

(a): the nature, the magnitude, the frequency and the foresee ability of the risks involved in the performance of the service for the client;
(b): if damage has occurred, the costs of precautions that would have prevented this or similar damage from occurring;
(c): whether the service is rendered by a non-professional or gratuitously;
(d): the amount of the remuneration for the service; and
(e): the time reasonably available for the performance of the service.

(5)

The duties under this Article require in particular the service provider to take reasonable precautions in order to prevent the occurrence of personal injury or damage to immovable structures and movable or incorporeal things as a consequence of the performance of the service.