chapter 4: basics of Tort law

Question 1

tort law

Answer 1

pert of private law that establishes the principle of, and provides rules in relation to, non-contractual liablility arising out of damage caused to another

• compensation for victims who have suffered harm from wrongful acts of others

Question 2

contract law vs tort law

Answer 2

contract:

• obligation and dutias taken up voluntarily
• based on consent
• counter- party = known and chosen
• aimed at performance
• remedies in case of non-performance

tort:

• obligations arise by chance and operation of law
• no consent needed
• counter party = could be anyone, often a stranger
• aimed at recification of position: damages

Question 3

crime vs tort law

Answer 3

crime:

• criminal law/ court competent
• against public interest
• leads to punishment
• action of state necessary

tort:

• private law/ court competent
• against another person
• leads to damages / compensation
• no state involved2

Question 4

joint action

Answer 4

is an exception, not judged independently

• in cetain cases, combination of both actions possible
• aggrieved party can “add” a civil claim to a criminal court procedure.

Question 5

tree forms of liability

Answer 5

aquilian liabilit
- for fault, plaintiff needs to prove fault

simple causal liability
- without fault (breach of duty of diligence) exculpation possible

aggravated causal liability
- for creation of risks, no exculpation possible

Question 6

lex aquilia

Answer 6

an eye for an eye -> financial compensation

Question 7

aggravated causal liability

Answer 7

liability for the creation of risks: duty to compensation attached to the exercise of a particular dangerous activity that is allowed

Question 8

pure economic loss

Answer 8

“commercial loss”= independent of any physical damage to the person or property of the victim

(loss based on wrongfull action)

Question 9

there must be a fault (when)

Answer 9

Intent:
- purposefull doing something wrong that causes harm or injury

negligence:
- unintentionally doing something that causes harm or injury, lack of attention/ carefulness, (standart: reasonably competent person)

Question 10

link between the wrongful act and the harm (steps)

Answer 10

first step: condition sine qua non: consequence would not have happened without the first event.

second step: adequate causation: act in question is likely to produce such an effect. (normative perspective)

(causation interrupted by: act of god, exclusiv fault of person injured/ a third party)

Question 11

reparation (why?)

Answer 11

is to reinstate the person suffering the legall relevant damage in the position that person would have been in had the legally relevant damage not occurred.

Question 11

reparation (why?)

Answer 11

is to reinstate the person suffering the legall relevant damage in the position that person would have been in had the legally relevant damage not occurred.