Tort Law

Question 1

contractual liability

Answer 1

liability for someone else’s damage often in a contractual setting

Question 2

fault liability

Answer 2

exists when one person is liable for the damage of someone else

Question 3

strict liability

Answer 3

when law assumes there is a liability but the person liable is not at fault themselves (= for children)

Question 4

vicarious liability

Answer 4

employers are liable for their employees -> duty to supervise

employee must have been at fault -> acted intentionally or negligently

employer must have had sufficient power over direction and control of employee’s activities

harm must have been caused in the course of the employment

Question 5

Deep pocket theory

Answer 5

liability should we placed where most money lies

Question 6

Essential Elements Common Law

Answer 6

1) Duty of Care
2) Duty must have been breached
3) There must be damage
4) Damage was caused by breach

Question 7

duty of care

Answer 7

legal obligation that’s imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others

Question 8

Learned Hand Formula

Answer 8

balance must be struck btw cost of precautionary measures and costs of accidents

B=PL

B = investment in precaution
P = probability
L = magnitude of harm resulting from accident

Question 9

Civil Law Approach Essential Elements

Answer 9

1. intentional or negligent act or ommission that violates legally protected right or interest of another person
2. unlawful act or omission must have caused damage of a type which qualifies for compensation

Question 10

Insurance (distribution of damage)

Answer 10

mitigation of unfairness that can come up with strict liability

Question 11

Damage funds

Answer 11

mechanism in which damage to individual persons or group of persons can be compensated

Question 12

limitations to liability

Answer 12

person who can shift their damage to sb else

defense that the damage should also be attributed to the person who suffered it

kinds of damage that can be shifted

extent to which damage can be shifted

contributory negligence -> division of negligence

Question 13

corrective justice

Answer 13

rectifying sth that has gone wrong
-> proper punishment of criminals
-> compensation of damage caused by a person

liability to compensate depends on wrongfulness of he act that caused the damage

Question 14

distributive justice

Answer 14

distributing some good and bad equally

damage can be caused by a car accident but compensated by the insurance company