Liability for intermediaries
PhD student: Mrs A. de Vries
Promotors: Mrs Prof V. Mak, E. Tjong Tjin Tai
Duration: 1/9/2014 - 31/8/2018
This PhD-project will map existing rules on liability for intermediaries. Intermediaries, such as insurance brokers and travel agencies, mediate between two (or more) contracting parties. They are important actors in modern trade. In EU and national law it is often unclear whether the principal is liable towards the contracting party for conduct, knowledge, intention and (lack of) good faith of the intermediary. The project aims to map and compare the rules on liability for intermediaries in EU, German, Dutch and English law. The focus will be in particular on liability for intermediaries who have ties with both contracting parties and intermediaries who have a conflict of interest. Where gaps are identified, alternative rules will be proposed, taking account of the Draft Common Frame of Reference (DCFR) and Principles of European Law (PEL).