lesson 2

Question 1

what are the requirements for tort liability in GERMANY?

Answer 1

1. violation of a codified normative rule
2. unlawfullness (no legal defense for action)
3. fault (negligence or intention)
   4. causation
   5. damage

Question 2

what are the requirements for tort liability in france?

Answer 2

3. fault (intention or negligence)
   *4. causation
4. damage*

Question 3

what is fault? (GER)

Answer 3

person’s incapablity to meet standard of care.

Question 4

germany

what is intention in tort law?

Answer 4

A person acts intentionally, they persist their actions even though they realize action may cause harm.
requirements:
1. awareness that occurence of harm is possible
2. consenting to harm

Question 5

germany

what is negligence in tort law?

Answer 5

Negligence is an unintentional failure. Had a duty of care but failed
duty of care= objective standard look at people with same requirements and age as this person.

Question 6

germany

what people have exclusion or reduction of responsibility?

Answer 6

• unconscious
• mentally impaired
• altered mental state (alcohol etc., however if they imposed this state upon themselves, they are responsible)

section 827 german BGB

Question 7

germany

what about minors and capacity?

Answer 7

1. under 7 not responsible
2. 7-10 not responsible for traffic accidents
3. 10-18 application objective test
   -when there is obligation to pay damages it is supervisors of child responsibility (also the case for mentally impaired).

section 828+829

Question 8

france

when is there fault according to french law?

Answer 8

1. violates statutory rule
2. breaches an unwritten pre-existing duty> negligence
3. intentionally breaches rights> intention

Question 9

what about capacity in france?

Answer 9

• children and mentally impaired are responsible but just as in germany supervisors pay.

Question 10

UK

what is tresspass to persons?

Answer 10

• intentional and direct acts of interference
• act must be intentional
• battery, assault, false imprisonment

Question 11

UK

what is battery?

Answer 11

• intentional application of unlawful contact.
• any contact no matter how small UNLESS it is generally accepted in conduct of daily life.
• defendent must intent act.

Question 12

UK

what is assault?

Answer 12

-intentionally creating apprehension of immediate battery.
-requires no physical contact just fear that it might happen.
-reasonable belief on victim’s side that it might happen

DO NOT MIX WITH CRIM. ASSAULT WHICH IS ACT OF ATTACKING SOMEONE.

Question 13

what is false imprisonment?

Answer 13

-intentionally restraint of freedom of movement.
-does not require force, verbal command is enough.

Question 14

what is negligence in UK?

Answer 14

unintentional and indirect acts of interference.

Question 15

what are the 3 elements of negligence?

Answer 15

1. duty of care
2. breach of that duty
3. damage