Liability for machine problems: Get clarity


Questioner

An entrepreneur offers a machine, which is a few years old, to a mechanic (1) because it is cheaper. The mechanic is unable to repair the machine and, in consultation with the offerer (=entrepreneur), the mechanic offers the machine to the supplier. The supplier replaces a number of parts in vain and ultimately concludes that the repair will be very expensive. The entrepreneur decides, in consultation with mechanic 1, not to agree to further repair. It subsequently turns out that the defect in the machine can be remedied very easily by the intervention of another repairman. Who is liable for the damage suffered (replacement of parts and the time that the machine was unable to work)? What are the options for the entrepreneur to recover his damage? And on the basis of which articles can this be done? Can the entrepreneur hold the supplier liable? If so, on the basis of which articles? If not, who can be held liable? And on the basis of which articles?

Lawyer

You cannot hold the mechanic liable. Liability is possible if the mechanic has caused damage. Loss is not damage.

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