Causation

Question 1

First branch of causation in German tort law

Answer 1

Liability founding causation

Relation between conduct and infringement of the right

Question 2

What does the first branch of German tort law require?

Answer 2

Certainty that the conduct caused some sort of harm

Question 3

Second branch of causation in German tort law

Answer 3

Liability specifying causation

Relation between the infringement of the right and the damage

Question 4

What does the second branch of German tort law require?

Answer 4

Rational and a reasonable level of conviction between loss and damage

Question 5

First branch of causation in English tort law

Answer 5

Factual causation

But for test

Question 6

Second branch of causation in English tort law

Answer 6

Legal causation

Foreseeability
Wagon mound - reasonable person could have foreseen some type of damage would be suffered

Question 7

Two elements needed for causation in French tort law

Answer 7

Certain and direct

Question 8

How is certainty established in French tort law?

Answer 8

Proof and probability of type of damage

Question 9

How is directness established in French tort law?

Answer 9

• Foreseeability of the actual damage
• Covered by the scope of the duty
• Can it be debuted by an external cause?

Question 10

Looking at successive causes, if the second event causes the same damage as the first event, who is liable?

Answer 10

All jurisdictions hold the first tortfeasor liable

Question 11

Looking at successive causes, if no one is liable for the second event and it caused the same damage as the first event who is liable?

Answer 11

France - original tortfeasor remains liable

Germany and England - first tortfeasor only liable up to the second event

Question 12

Looking at successive events, if the second event increases the damage from the first event, who is liable?

Answer 12

First tortfeasor will be jointly liable with second tortfeasor if the second event can be attributed to the first event

Question 13

Explain uncertain causation

Answer 13

Two potential causes, unsure which caused the damage.

Question 14

Explain joint causation

Answer 14

If the damage was caused by multiple causes and each alone can explain the full damage.

Question 15

What does res ipsa loquitur mean (translation and definition), when is it used?

Answer 15

The facts speak for themselves.

Used in English causation, if the facts speak for themselves, the burden of proof is reversed and the claimant’s word is taken as fact unless proven otherwise by the defendant has to prove what the claimant is saying

Question 16

Consequence of joint causation in all 3 legal systems?

Answer 16

Joint and several liability

Question 17

Consequence of uncertain causation in England and Germany?

Answer 17

Several liability only

Question 18

Consequence of uncertain causation in France?

Answer 18

joint and several liability

Question 19

Explain joint liability

Answer 19

The claimant has a claim against any of the defendants up to the full amount and must choose the deeper pockets.

Question 20

Explain several liability

Answer 20

Claimant can sue each of the defendants separately for the amount their damage was equal to

Question 21

Explain joint and several liability

Answer 21

Claimant can sue any of the defendants up to the full amount of compensation

Defendants sue each other for recourse.