Tort Law

Question 1

Main principle

Answer 1

Everyone bears his own damages and therefore nobody else must compensate it

Question 2

Requirement

Answer 2

An event caused damage to a victim and that may be the reason to let someone else compensate this damage

Question 3

Liability in Common Law

Answer 3

Negligence:

1. there must have been a duty of care
2. this duty must have been breached
3. there must be damage
4. it must be damage for which the tortfeasor is responsible

Question 4

strict liability

Answer 4

Legal responsibility for damages even though it was not the persons fault but he was somehow responsible for it so the damages can be opposed on him

Question 5

Liability Civil Law

Answer 5

Fault liability:

1. There must be an act or omission that unlawfully violated a legally protected interest (unlawful act/ommission)
2. The unlawful act must have caused damage which qualifies for compensation
3. The tortfeasor must be blameworthy

Question 6

Reasons for strict liability

Answer 6

• Fairness
• Economic Effects
• Possibility to Recover
• Prevention of Demages

Question 7

Which kinds of fault liability exist?

Answer 7

• Liability for ones’ own fault
• Liability for tortfeasors fault
• strict liability
• vacarious liability

Question 8

The learned hand formula

Answer 8

Costs of precautionary matters are less than the expected costs of the accident then precaution measures are required. If the measures are not take it’s a breach of duty.
B(burden) < P(probability/wahrscheinlichkeit) x I(Injury)

Question 9

Deep pocket theory

Answer 9

Liability should be placed where the money is

Question 10

Precautionary measures

Answer 10

The higher the likelihood of an accident is the more precautionary measures are required because individuals aren’t expected to always pay sufficient attention to their environment

Question 11

Ex post determination

Answer 11

A judge considers in light of all available information if the damage-creating behavior was wrong in such way that this justifies the imposition of liability on the person who caused the damage

Question 12

Ex ante determination

Answer 12

It’s possible to use a case to formulate a rule that has the best results for this case and all future similar cases

Question 13

Traffic liability

Answer 13

The owner of a vehicle is liable for the damages caused by a collision also when someone else is driving

Question 14

The Loi Badinter

Answer 14

The holder of a motor vehicle is liable for damages suffered by both non motorized and motorized victims (French law)

Question 15

Damage

Answer 15

Damage requires material or immaterial harm to a legally protected interest

• Recoverable Damages
• Purely Economic Interest
• Losses of third Persons

Question 16

Vicarious liability

Answer 16

Parents are liable for their children/ Employer for their employees