Potential liabilities Flashcards
Pecuniary loss definition
Quantifiable economic loss
Non-pecuniary loss definition
Non-economic loss
Pure economic loss definition
Economic losses that do not arise directly from damage
How is PEL established in Germany?
823 I BGB
Right to business falls under “another right”
Must be a direct infringement of the right
How is PEL established in England?
Tort of negligence
- Through the exception of assumption of responsibility established by Hedley Byrne
- Caparo limits this to situations where loss arises specifically from the intended purposes of the statement
How is PEL established in France? 3 things (3, 1, 3)
Faute liability
- Conduct must be loyal, honest and in good faith.
- Must be direct.
- Must be personal, certain and legal.
How is the right to life protected in Germany?
Violation of a normative codified rule 823 I BGB
What type of losses are recoverable in Germany for a violation of the right to life?
Pecuniary losses only
How is the right to life protected in England?
Tort of negligence
What type of losses are recoverable in England for a violation of the right to life?
Pecuniary and non-pecuniary
How is the right to life protected in France?
Faute liability 1240
Strict liability for things or persons 1242
What type of losses are recoverable in France for a violation of the right to life?
Pecuniary and non-pecuniary
How is bodily integrity protected in France?
Faute liability 1240
Strict liability for things or persons 1242
How is bodily integrity protected in England?
Tort of negligence
Tort of battery
Explain the tort of battery in England
Direct and intentional application of force
Defences to battery
Self-defence, consent, medical necessity
How is bodily integrity protected in Germany?
Violation of normative codified right 823 I BGB
How is the right to privacy protected in England?
Nuisance tort
Reasonable expectation to privacy
How is privacy protected in Germany?
Violation of a normative codified right 823 I BGB - personal liberty
How is privacy protected in France?
Article 9 CC - right to privacy
No faute needed
How is personality protected in England?
Defamation tort
Nuisance tort
Reasonable expectation to privacy
How is personality protected in Germany?
Schacht case created general personality right
Caroline Von Hannover - breach of article 8 ECHR
How is personality protected in France?
Article 9 CC right to privacy includes right to image
How is mental health protected in England?
Tort of negligence
Recognised psychiatric harm
Some personal injury must be reasonably foreseeable
How is mental health protected in France?
Does not need to be a medical condition.
Must be a certain and direct cause
How is mental health protected in Germany?
Violation of a normative codified right 823 I BGB
Must be a recognised medical condition and be foreseeable
How are secondary victims protected in England?
Must be foreseeable, must be a close tie of love and affection, must be a recognised psychiatric harm
How are secondary victims protected in Germany?
Must amount of a recognised medical illness.
Does not need to be an eyewitness.
How are secondary victims protected in France?
Must be a connection between primary and secondary victim.
Medical condition is not required.
How is property protected in England?
Tort of negligence
Duty of care to people who it is reasonable to foresee may suffer property damage because of negligent conduct
How is property protected in Germany?
Violation of a normative codified right 8283 I BGB
How is property protected in France?
Faute liability 1240 CC
Strict liability 1242 CC
