Module 2: Private Law Flashcards
What are the three requirements for transfer of property?
And explain them
- Title (reason for transfer)
- Power to dispose (are you owner or allowed to dispose?)
- Delivery (Handing over the property)
What are kinds of delivery?
- Movables (possession)
- Immovables (deed + registration)
- Claims (notification, deed + reg)
- IP rights (deed + registration)
What is a defect of will?
A defect of will happens when a contract has some illegal clause, causing the contract to never have been binding in the first place.
What are differences between common and civil law countries regarding defect of will?
Common law: Buyer beware
Civil law: Protect buyer, duty to disclose
What is the Consumer Rights Directive?
A EU directive to protect consumers (Right to clear information, Right to withdraw etc)
Name 7 frequently used contract clauses
- Remedy limitation
- Liquidated damages (max payment)
- Penalties (Fine in case of breach)
- Warranties
- Termination clause (when and how termination takes place)
- IP Clauses (developed things owned by employer)
- Jurisdiction
How do common and civil law differ regarding non-performance
Common: only on warranty clause
Civil: all obligations
What are the steps to invoking a remedy?
- Breach
- Default
- Attributable
- Remedy
What is force majeure?
When something is out of someone’s control
What are the different types of loss?
- Personal injury
- Property damage
- Pure economic loss (not claimable in common law)
- Consequential losses (not claimable)
Losses most be foreseeable, otherwise not claimable
What is tort law?
The part of private law concerned with non-contractual liability.
What are the three elements of fault liability?
- Fault
- Causality
- Damage
When is a person at fault?
- When they infringe on someone’s right
- When they break the law
- When they violate proper social conduct (negligence)
How can negligence be tested?
What would the reasonable person do?
What are the requirements for causality?
- Factual causation (‘but for’ test)
- Legal causation (foreseeability)
How does common law differ regarding tort law?
- No pure economic loss
- Different torts (trespassing, fraud etc)
- Punitive damages (above what you actually suffered)
What is strict liability?
Reliability regardless of own fault
What are three types of strict liability?
- Duty of care of guardian (liable only for reasonable care)
- Vicarious liability (Employer liable for employee)
- Liability for objects/ animals (broken laptop, autonomous car)
What is vicarious liability?
Also name requirements
Employer is liable for employee. The tort has to have a connection to the employement. Also for employee like position.
