tort law week 3 Flashcards
fault liability
Defendant is liable only for their own acts, based on personal
fault (intention or negligence).
strict liability
Liability is independent of fault, based on a relationship or
quality, often applied to employers for employee actions.
rationale for strict liability
cost allocation, fairness & accountability, objects with high risk, improved claimant position and efficiency
rationale for employers liability
Incentive, easier compensation, loss spreading, benefit & burden ,and best position.
approach and requirements UK
Applies strict liability based on case law, requiring an employer- employee relationship, a tort committed by the employee, and the act being within the course of employment.
approach and requirements DE
Uses fault liability (§ 831 BGB), requiring an employer-employee relationship, unlawful damage by the employee, and the act being within the assigned function.
approach and requirements FR
Uses strict liability (art. 1242 (5)), requiring a “commettant-prepose” relationship and harm caused by the prepose’s fault.
GE employer employee relationship
Focuses on the employer’s direction and control, and the employee’s
social and economic dependence.
UK employer employee relationship
Employs control, organization/integration, and economic reality tests.
FR commetant and prepose relationship
Uses the “control test,” considering the right to give orders and
monitor implementation.
harm, fault, tort DE
Requires unlawful infliction of damage by the employee, not
necessarily with fault.
Harm, fault, tort UK
Requires the employee to have committed a tort, usually negligence.
Harm, fault, tort FR
Requires fault by the prepose, assessed under art. 1240 CC.
connection between acts and employment DE
Requires a direct link between the assigned work and the damaging
act.
connection between acts and employment UK
Uses the “close connection” test from Lister v. Hesley Hall Ltd.
