law of compensation Flashcards
the damage may has been caused by
breach of contractual terms or unlawful act
a claim for compensation for harm requires
proof of damage
causation
fault
unlawfulness
damage
is any disadvantage that someone inflicted on the property, rights or person
can be loss of property or personal injury
positive damage
already existing assets are reduced or destroyed and the loss of profit
intangble damage
not all damages are measurable in money
e.g. pain associated with a bodily injury
causation
requirement for being able to claim damages is that the person assigned to him has caused the damage
positive causation
damage would not have occurred without the act in question
causation by omission
a duty to act did not occur
fault
liability presupposes unlawful and faulty behavior of tech tortfeasor
intent
is the case where. aprepetrator is aware of the unlawfulness and the harmful results and takes the result into account
negligence
is the disregard of due care
depending on the degreee of carelessness, a distinction between gross and slight negligence is made
unlawfulness
a behavior is unlawful is it violates any law or prohibition of law or morality
unlawfulness can therefore result from a tort or a contract
exepctions for unlawfulness
self defense
context has to be examined