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Comparative European Tort LAw > Potential liabilities > Flashcards

Potential liabilities Flashcards

1
Q

Pecuniary loss definition

A

Quantifiable economic loss

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2
Q

Non-pecuniary loss definition

A

Non-economic loss

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3
Q

Pure economic loss definition

A

Economic losses that do not arise directly from damage

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4
Q

How is PEL established in Germany?

A

823 I BGB
Right to business falls under “another right”
Must be a direct infringement of the right

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5
Q

How is PEL established in England?

A

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

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6
Q

How is PEL established in France? 3 things (3, 1, 3)

A

Faute liability
- Conduct must be loyal, honest and in good faith.
- Must be direct.
- Must be personal, certain and legal.

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7
Q

How is the right to life protected in Germany?

A

Violation of a normative codified rule 823 I BGB

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8
Q

What type of losses are recoverable in Germany for a violation of the right to life?

A

Pecuniary losses only

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9
Q

How is the right to life protected in England?

A

Tort of negligence

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10
Q

What type of losses are recoverable in England for a violation of the right to life?

A

Pecuniary and non-pecuniary

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11
Q

How is the right to life protected in France?

A

Faute liability 1240
Strict liability for things or persons 1242

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12
Q

What type of losses are recoverable in France for a violation of the right to life?

A

Pecuniary and non-pecuniary

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13
Q

How is bodily integrity protected in France?

A

Faute liability 1240
Strict liability for things or persons 1242

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14
Q

How is bodily integrity protected in England?

A

Tort of negligence
Tort of battery

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15
Q

Explain the tort of battery in England

A

Direct and intentional application of force

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16
Q

Defences to battery

A

Self-defence, consent, medical necessity

17
Q

How is bodily integrity protected in Germany?

A

Violation of normative codified right 823 I BGB

18
Q

How is the right to privacy protected in England?

A

Nuisance tort
Reasonable expectation to privacy

19
Q

How is privacy protected in Germany?

A

Violation of a normative codified right 823 I BGB - personal liberty

20
Q

How is privacy protected in France?

A

Article 9 CC - right to privacy
No faute needed

21
Q

How is personality protected in England?

A

Defamation tort
Nuisance tort
Reasonable expectation to privacy

22
Q

How is personality protected in Germany?

A

Schacht case created general personality right

Caroline Von Hannover - breach of article 8 ECHR

23
Q

How is personality protected in France?

A

Article 9 CC right to privacy includes right to image

24
Q

How is mental health protected in England?

A

Tort of negligence
Recognised psychiatric harm
Some personal injury must be reasonably foreseeable

25
Q

How is mental health protected in France?

A

Does not need to be a medical condition.
Must be a certain and direct cause

26
Q

How is mental health protected in Germany?

A

Violation of a normative codified right 823 I BGB

Must be a recognised medical condition and be foreseeable

27
Q

How are secondary victims protected in England?

A

Must be foreseeable, must be a close tie of love and affection, must be a recognised psychiatric harm

28
Q

How are secondary victims protected in Germany?

A

Must amount of a recognised medical illness.

Does not need to be an eyewitness.

29
Q

How are secondary victims protected in France?

A

Must be a connection between primary and secondary victim.

Medical condition is not required.

30
Q

How is property protected in England?

A

Tort of negligence

Duty of care to people who it is reasonable to foresee may suffer property damage because of negligent conduct

31
Q

How is property protected in Germany?

A

Violation of a normative codified right 8283 I BGB

32
Q

How is property protected in France?

A

Faute liability 1240 CC
Strict liability 1242 CC

Comparative European Tort LAw (3 decks)

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