law of compensation Flashcards

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1
Q

the damage may has been caused by

A

breach of contractual terms or unlawful act

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2
Q

a claim for compensation for harm requires

A

proof of damage
causation
fault
unlawfulness

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3
Q

damage

A

is any disadvantage that someone inflicted on the property, rights or person
can be loss of property or personal injury

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4
Q

positive damage

A

already existing assets are reduced or destroyed and the loss of profit

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5
Q

intangble damage

A

not all damages are measurable in money

e.g. pain associated with a bodily injury

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6
Q

causation

A

requirement for being able to claim damages is that the person assigned to him has caused the damage

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7
Q

positive causation

A

damage would not have occurred without the act in question

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8
Q

causation by omission

A

a duty to act did not occur

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9
Q

fault

A

liability presupposes unlawful and faulty behavior of tech tortfeasor

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10
Q

intent

A

is the case where. aprepetrator is aware of the unlawfulness and the harmful results and takes the result into account

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11
Q

negligence

A

is the disregard of due care

depending on the degreee of carelessness, a distinction between gross and slight negligence is made

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12
Q

unlawfulness

A

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

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13
Q

exepctions for unlawfulness

A

self defense

context has to be examined

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