tort law week 2 Flashcards
DE system of tort liability
Uses “catch-all” clauses with three general rules, acting as an
intermediary between France and the UK.
FR system of tort liability
Employs two general “catch-all” clauses.
UK system of tort liability
Has various specific torts with individual requirements.
Requirements in tort liability DE
Requires the violation of a codified normative rule, unlawfulness,
fault (intention or negligence), causation, and damage.
Requirements in tort liability FR
Requires fault (intention or negligence), causation, and damage.
Requirements in tort liability UK
Focuses on specific torts, like trespass to persons (intentional) and
negligence.
Intention (intention and negligence)
Involves knowingly and intentionally causing harm or persisting with actions despite realizing potential harm.
negligence (intention and negligence)
Is the unintentional failure to exercise ordinary care, breaching the duty of care.
capacity (intention and negligence)
Children and mentally impaired people may not be held to the same standards of intention or negligence.
Fault in DE
Fault liability encompasses intentional and negligent acts,
considering a person’s capability to meet the expected standard of care.
Fault in FR
Fault is objectively determined, even for those unable to understand
their actions.
Fault in UK
Negligence is a breach of the duty of care, while intentional torts exist.
trespass to persons UK
battery, assault, false imprisonment
battery
Intentional and direct unlawful contact, even trivial, with another
person.
assault
Intentionally causing fear of immediate battery, requiring reasonable
belief in the aggressor’s ability to act.
