tort law week 1 Flashcards
Tort law is a part of private law that deals with the responsibility for damages caused to a third party. It aims to compensate victim to their original state before the act and prevent reckless or malicious behaviour through potential liability
tort law
Tort law is a part of private law that deals with the responsibility for damages caused to a third party. It aims to: Compensate the victim, restoring them to their original situation before the wrongful act and Prevent reckless or malicious behaviour through the potential of liability.
civil liability
is accountability between individuals, with a lower standard of proof than criminal liability.
Tort liability
is imposed between community members for compensation and prevention.
criminal liability
is accountability between the state and individuals, focusing on punishment and prevention with a higher standard of proof.
contractual liability
arises from unfulfilled contractual obligations between parties in a contractual relationship.
civil law systems
france and Germany
common law system
UK
Tort law approach FR
focuses on compensating the victim
tort law approach in DE
Adopts a middle ground with a highly structured approach
tort law approach UK
emphasises tortfeasor’s conduct
protection of person
Includes life, physical and mental health,
freedom of movement, and personality rights.
protection of property and economic interests
Covers property,
economic interests of a business
protected rights and interests UK
uses a list of protected rights and interests to formally limit tort claims (protection of person)
protected rights and interests DE
protected rights and interests to formally limit tort claims (protection of person and protection of property and economic interests)
protected rights and interests FR
No distinct list. Limits are determined case-by-case, prioritizing personal
injury compensation.
