Extending Contractual Liability to Third Parties

2014 Fiscal Year Final Research Report

• Project/Area Number: 23730104
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Shokei Gakuin College
• Principal Investigator: KURIBARA YUKIKO 尚絅学院大学, 総合人間科学部, 准教授 (30405740)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Keywords: 第三者責任論 / 第三者のための保護効を伴う契約 / 契約責任の拡張 / 契約締結上の過失 / 情報提供義務

Outline of Final Research Achievements

This study takes up the extension of contractual liability to third parties. First, I discuss the possibility of applying the German precedent doctrines of “third-party liability”, “contracts with third party protections,” and “liquidation of third party damages” from the perspective of the BGH ruling. Secondly, I examine the validity of applying the BGH ruling in Japan in terms of questioning the contractual liability of third parties not in a direct contractual relationship. For example, we look at cases of the liability of experts or financial institutions such as banks that provide inappropriate information to customers because they were in partnership-based financing transactions. In these cases, customers ended up having to accept unexpected damages because they listened to the inappropriate information. Applying the BGH ruling in Japan might help some avoid enduring such unexpected damages and losses.

Free Research Field

民事法学