Chapter 21: General Principles of Tort Law Flashcards
Civil wrong (tort) (definition)
Liability for damages (compensation) arises from committing a civil wrong (tort) – actions causing unjust damage to a person (harms his interests).
Tort liability also includes compensation for damages that COULD NOT be predicted.
Concept of “unjust damage” to determine liability
The concept of unjust damage determines the extent of liability –> Compensation for damages applies provided that the damage was unjust and there was causation.
Strict liability (definition)
Strict liability is liability regardless of intentions (e.g. parents liable for children’s damages).
Damage (definition)
Damage may be a material loss, injury or non-satisfaction of needs. It may be patrimonial or non-patrimonial. Therefore, compensation must cover both direct damages and the immediate lost profit.
Aim of compensation
The aim of compensation is to restore the person to the position he was in before the act.