Tort law

Question 1

Contractrual Liability

Answer 1

Liability for someone else’s damages occurs in a contractual setting

Question 2

Tort law is governed by two different kinds of justice:

Answer 2

1. Corrective justice
2. Distributive justice

Question 3

Corrective justice

Answer 3

Rectifying something that has gone wrong
- Proper punishment of criminals
- Compensation of damage caused to a person

Question 4

Distributive justice

Answer 4

Distributing the costs of the damages fairly

Question 5

Fault Liability, when does exist?

Answer 5

When one person is liable for the damage caused to another because the former wrongfully caused him damage

Question 6

Fault liabilty in common law
When is a tort liable?

Answer 6

When the tort-feasor performed the unlawful behaviour on purpose

Question 7

Most important tort in common law

Answer 7

Tort of negligence

Question 8

Tort of negligence

Answer 8

Legal responsibility to avoid any behaviour that would cause harm to another another person

Question 9

How is a duty of care determined? Explain/ mentioned both ways.

Answer 9

Learned Hand Formula
- Balance must be reached btw costs of precautionary measure and the costs of the accident

Neigbour principle: What one would do for his neighbour

Question 10

Fault liability in civil law. What are the 2 requirements for a tort to be liable?

Answer 10

1. intentional or negligent act/ an ommission that caused another person harm
2. Unlawful act must have had caused damage to others which qualifies for compensation

Question 11

Strict liability. Main definition and two main situations

Answer 11

When damages have been caused but not by one’s own wrongful act

1. Liability caused by other persons
2. Liability without a tort-feasor

Question 12

Liability caused by other persons

Answer 12

Employees’ acts are liable for their employers

Parents with their children

–> Relationship where one has the ability to influence another person’s behaviour
–> Deep pocket theory

Question 13

Liability without a tort-feasor

Answer 13

An event that causes damage not due to someon’s intentional or negligent behaviour

Natural disasters
Animals

Question 14

what might strict liability offer?

Answer 14

More protection for injured party
Incentive for future security measures
Fewer problems in determining liability

Question 15

Mention the two mechanisms for the distribution of damage. What are they for?

Answer 15

• Insurance
• Damage funds

–> In case the law does not make anyone liable for the damages but rather distributes it over society

Question 16

Damage funds

Answer 16

Damage to individual persons or groups of persons can be compensated

Question 17

The main theory in Tort law is that everybody bears his or her own damage. Do limitations exist? If so, when?

Answer 17

yes, the law makes other liable when:
- Persons that can shift the damage to sb else
- Damage should be attributed to the victim
- Kind of damage that can be shifted
- Extent to which damage can be shifted

Question 18

Who can shift damage?

Answer 18

Only those whose interests are protected by law

Question 19

When can damage be attributed to the victim? How is it divided?

Answer 19

When there has been some sort o negligent behavioour from the victim that has contributed to the damages to which it is liable
–> DIVIDED IN PROPORTION TO WHAT EACH CONTRIBUTED

Question 20

Do all damages qualify for compensation?

Answer 20

No

Question 21

When will damage not be shifted?

Answer 21

If the damage was not caused by the act but by a series of CAUSATION caused by it
–> Causal link has nothing to do with the event