Cluster 2 - Tort Law

Question 1

Define Tort Law

Answer 1

Tort law is a part of
private law, governing liability outside of contract

Question 2

What is the aim of tort law?

Answer 2

The aims of tort law are (1) the compensation of the victim (award of damages, injunction) and (2) prevention.

Question 3

Types of liability

Answer 3

Liability can be fault based (directly involves the tortfeasor) or
strict (based on one’s relationship with the tortfeasor, e.g. vicarious, Negligence).

Question 4

What are the requirements for negligence?

Answer 4

1.The existence of a duty or care.
2. A breach of that duty.
3. Harm as a consequence of the breach.

Question 5

What are the 3 elements
considered in civil law in
relation to fault based
liability?

Answer 5

General fault-based liability – 3 main elements:
1. Fault (of the tortfeaser)
2. Damage – harm to some interest (material/immaterial)
3. Causality

Question 6

Name 3 defences the
tortfeasor may consider.

Answer 6

If someone consented, act not unlawful (e.g. boxing match)
- If plaintiff contributed to damage, reduced or no damages (e.g. car accident)
- Prescription (statute of limitations) time limit for starting court action by
victim since having had the necessary knowledge (3 years – English, German;
10 years – French; there can be exceptions – e.g. sexual abuse

Question 7

What is Prescription(Statue of limitation)

Answer 7

Prescription (statute of limitations) time limit for starting court action by
victim since having had the necessary knowledge (3 years – English, German;
10 years – French; there can be exceptions – e.g. sexual abuse)