Einde inhoudsopgave
Principles of European Contract Law
Artikel 6:101 Statements giving rise to Contractual Obligations
Geldend
Geldend vanaf 01-01-1999
- Redactionele toelichting
Bron: frontpage.cbs.dk/law/commission_on_european_contract_law. De datum van publicatie is gezet op 01-01-1999.
- Bronpublicatie:
01-01-1999, Internet 1999, 000 (uitgifte: 01-01-1999, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-01-1999
- Bronpublicatie inwerkingtreding:
01-01-1999, Internet 1999, 000 (uitgifte: 01-01-1999, kamerstukken/regelingnummer: -)
- Vakgebied(en)
EU-recht / Bijzondere onderwerpen
Verbintenissenrecht / Overeenkomst
(1)
A statement made by one party before or when the contract is concluded is to be treated as giving rise to a contractual obligation if that is how the other party reasonably understood it in the circumstances, taking into account:
- (a)
the apparent importance of the statement to the other party;
- (b)
whether the party was making the statement in the course of business; and
- (c)
the relative expertise of the parties.
(2)
If one of the parties is a professional supplier who gives information about the quality or use of services or goods or other property when marketing or advertising them or otherwise before the contract for them is concluded, the statement is to be treated as giving rise to a contractual obligation unless it is shown that the other party knew or could not have been unaware that the statement was incorrect.
(3)
Such information and other undertakings given by a person advertising or marketing services, goods or other property for the professional supplier, or by a person in earlier links of the business chain, are to be treated as giving rise to a contractual obligation on the part of the professional supplier unless it did not know and had no reason to know of the information or undertaking.