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Claudia Schiessl
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16350
Experience:  I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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What is the solution in German law in the following case: A

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What is the solution in German law in the following case: A contract is concluded between a bank agent (A) and a bank (B). Afterwards, the bankagent (A) concludes another contract with another bank (C). Because of this second contract, the bankagent (A) is violating his contractual obligations vis-à-vis the bank B. In German law, can bank B hold bank C responsible for violating the contract concluded between A and B? If so, which article of the BGB can be applied? And what are the conditions in order to be able to rely on this article?

Submitted: 3 years ago.
Category: German Law
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,

Thank you so much for your question.

First possible claim :
§ 280 BGB Schadensersatz wegen Vertragsverletzung

You need a contractual obligation for that.






There is no contract between B and C so a violation of a contract with claims for damages according to section 280 BGB.



Second § 826 BGB sittenwidrige vorsätzliche Schädigung

This is a tortious liablity

The requirements for this section to be applicable are very strict.

There must be a contract with the intention of doing damage to B.

So without further details than just that a contract was concluded this section is not applicable as well





I hope I was able to help


Any futher questions ?


Please be my guest










Customer: replied 3 years ago.

Thank you for your quick response!


 


I have got an additional question about article 826. So if Bank C is concluding the contract with the bank agent A, bank B can hold bank C responsible for breaching the contract, concluded between A and B, on the basis of article 826?


 


What are the exact conditions in order to rely on this article? Can you briefly summarize them, please?


 


In German law, there is not a special article for this kind of situations? if a third party is helping a contract party not to respect his contractual obligations vis-à-vis the other contract party? it is the general article about extra contractual liability that applies?


 


what if bank C hasn't an intention to cause damages to bank B? what if bank C has the intention to cause damages to bank B?


is the solution different?


 


Thank you in advance!

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


§ 826 BGB is called sittenwidrige vorsätzliche Schädigung and requires the intention to cause damages in a way that is against morality.




So if C has the intention to cause damages to a bank § 826 BGB may be applicable because of all the cuatomers`money involved and so on
Customer: replied 3 years ago.

Ok, so if Bank C had the intention to cause damages to Bank B, Bank B can rely on § 826 BGB in order to hold Bank C responsible.


 


What are the sanctions?


Does Bank C have to pay damages to Bank B?


What about the contract concluded between Bank Agent A and Bank C, is it still valid?

Customer: replied 3 years ago.

I have got an additional question:


 


Bank C is a professional, doesn't he have an obligation to inform himself whether the bank agent hasn't yet concluded a contract with another bank?


 


 

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


no this is not his responsibilty
Customer: replied 3 years ago.

I have got one final question:


 


What are the sanctions for Bank C, if § 826 BGB applies?


 


Does Bank C have to pay damages to Bank B?


 


What about the contract concluded between Bank Agent A and Bank C, is it still valid?

Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


thank you for your response.

The sanctions are that Bank C must pay all damages caused by the contract





I hope I was able to help


If so I would very much appreciate getting a positive rating


thank you so much
Customer: replied 3 years ago.

Ok, on which basis does he have to pay all damages caused by the contract?


Which article of the BGB applies here (about the sanctions)?

Expert:  Claudia Schiessl replied 3 years ago.
The claim is section 826 BGB which says that if the damage was caused intentionally he is liable
Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Claudia Schiessl replied 3 years ago.
826
Sittenwidrige vorsätzliche Schädigung

Wer in einer gegen die guten Sitten verstoßenden Weise einem anderen vorsätzlich Schaden zufügt, ist dem anderen zum Ersatz des Schadens verpflichtet


See the last half sentence

ist dem anderen zum Ersatze des Schadens verpflichtet, meaning liable for the damage
Expert:  Claudia Schiessl replied 3 years ago.
Dear Customer,


have you got any further questions ?
Claudia Schiessl, Attorney
Category: German Law
Satisfied Customers: 16350
Experience: I have been a practicing attorney for 20 years now with a broad experience in all kinds of law.
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