lesson 9 - tort v contract law Flashcards
What the German law refers to as “Schuldrecht, allgemeiner Teil”, best relates in the common law system to what area of law?
contract law
What the German law refers to as “Deliktsrecht” of § 823 ff. BGB, best relates in the common law system to what area of law?
tort law
The German word “Fahrlässigkeit”, translates most accurately to what common law term?
negligence
The German legal term “grobe Fahrlässigkeit”, translates most accurately to what common law term?
gross negligence
The German word “Strafschadenersatz”, translates most accurately to what common law term?
punitive damages
The German legal terms “Anspruch aus Delikt” and “Anspruch aus Vertrag”, translate most accurately to what common law terms?
action in tort / action in contract
The German word “Haftung”, translates most accurately to what common law term?
liability
Which of the following is NOT a difference between tort law and contract law?
In contract law, specific performance (doing what you promised) is the typical remedy for contract law damages.
In tort law, money damages are the typical remedy.
What is the name in English for “breaking” a contract?
a breach of contract
What is a serious breach of contract referred to as?
a major breach
Remember: A less serious breach of contract is called a “minor breach”.
If it is a “material breach”, then the non-breaching party can immediately stop performance and sue for expectation damages. Expectation damages aim to put the party in the position they would have been in financially, if the contract had been fulfilled.
If it is a “minor breach”, then the non-breaching party must continue performance of his/her/its side of the contract, but can sue for damages relating to the breach.
A breach of contract occurs when the party to the contract does not do what they promised at the time the promise was supposed to be performed.
What is it called though when one party steps back from the contract before the actual date of performance?
repudiation
A party is considered to have repudiated a contract when they evidence a lack of willingness or an inability to perform their contractual obligations.
A repudiation of a contract by one party (the repudiating party) will entitle the other party (the aggrieved party) to elect to terminate the contract.
