Law of torts

Question 1

General/subjective liability

Answer 1

Anyone who causes damage illegally to another person must compensate him, unless he can prove that he acted as a reasonable man/prudent person would have acted in the given situation
Time limit: 5 years

Question 2

Veterinary professional liability

Answer 2

Illegal action:
▪ Written rules of the profession
• Legislation
• Books, course notes, scientific articles, conference papers
• Instructions for use of pharmaceuticals and vaccines
▪ Unwritten rules (ethical norms)
• Expectations of the society
• Expectations of the colleagues

Question 3

Refusing to treat:

Answer 3

Obligatory:
▪ Against the law
▪ Euthanasia, irreversible changes – owners consent
▪ Hereditary diseases in breeding animals without neutering
▪ Lack of competence, practice, experience, equipment
▪ No scientific basis

Question 4

Strict/objective liability (Liability for hazardous operations)

Answer 4

 A person who pursues an activity that is considered highly dangerous shall be liable for any damage caused thereby.
 Where such person is able to prove that the damage occurred due to an unavoidable cause that falls beyond the realm of highly dangerous activities, he shall be relieved from liability.
 No compensation shall be provided for any damage insofar as it originates from an activity attributable to the aggrieved party.

Question 5

Liability for the acts of employees

Answer 5

 If an employee causes damage to a third party in connection with his employment, liability in relation to the injured person lies with the employer.
 Liability of the employee and the employer shall be joint and several if the damage was caused intentionally.

Question 6

Liability for the actions of administrative authorities

Answer 6

 Liability for damages caused within the scope of administrative jurisdiction shall be established only if the damage results from actions or omissions in the exercise of public authority, and if the damage cannot be abated by common remedies or in proceedings for the judicial review of an administrative decision.
 Liability lies with the legal person exercising public authority or with the administrative body having legal personality, on whose behalf the relevant administrative body operates.

Question 7

Liability for the actions of agents (mandatees)

Answer 7

 If an agent causes damage to a third party in connection with his assignment, liability in relation to the injured person lies with the principal and the agent jointly and severally. The principal shall be relieved of liability if he is able to prove that he has not acted wrongfully in terms of choosing, instructing, and supervising his agent.

Question 8

Damages caused by an agent/mandatee (vicarious liability)

Answer 8

 Mandator (principal) and mandatee (agent): joint and several liability: injured party can claim compensation from either of them (who can pay): 100% of the damage
Exc.: only mandatee is liable if the mandatory proves that he:
 chose
 instructed
 supervised
properly the mandatee

Question 9

damage:

Answer 9

material damage:
 real loss (depreciation in value; e.g. price of the
animal)
 unrealised profit (pecuniary advantage loss)
 justified expenses (costs necessary for the
mitigation or elimination of the financial losses;
e.g. veterinary treatment, transport)
 not emotional damage!!!
immaterial damage: violation of someone’s
personal rights (e.g. injury of reputation)

Question 10

burden of proof:

Answer 10

injured party:
 damage
 connection between the illegal action and
the damage
person causing the damage (tortfeasor):
 his action was not illegal or
 his action was not negligent

Question 11

Strict/objective liability

Answer 11

 illegal action
 damage
 connection
 detailed legislation!
Special danger

Question 12

Exclusion of Liability

Answer 12

 Unavoidable external reason:
– Vis major
– Injured party’s unavoidable action
– Third person’s unavoidable action
– Unavoidable effect of other external event
(e.g. animal)
Time limit: 3 years