Unit 17- Functions of tort law, grounds for liability Flashcards
What is tort law?
Tort liability is commonly referred to as non-contractual liability, different from liability arising from non-performance of previously defined contractual duties
What are the 3 main functions of tort law?
- Compensation (distributive justice)
- Sanction (retributive justice)
- Deterrence (efficiency)
What is the starting point of every system of torts?
Victims themselves bear the loss unless there is a good reason to allocate these costs to another natural or legal person
What is distributive justice in tort law?
Restore them as much as possible to the position they were in before the damage ocurred
What is retributive justice in tort law?
Requires that those who commit wrongful acts should be proportionally punished, even if punishing them would produce no other good
What is deterrence in tort law?
It is possible to consider legal rules as instruments to steer behaviour of individuals. By imposing liability, tort law is meant to influence the conduct of rational agents
What are the 3 grounds for liability
- Fault
- Vicarious liability
- Strict liability
What are the subjective elements regarding fault?
- Intentional behaviour
- Negligence
What is the civil law approach to fault liability?
Differs from the common law approach in the sense that the basic rules for tort liability are formulated in statutes and that these rules appear to be relatively uniform
What is vicarious liability
Cases in which someone is liable for the damage that was wrongfully caused by a different tortfeasor
What are the fundamental elements in vicarious liability
-Relationship between tortfeasor and vicariously liable person
-Connection between this relationship and the tort committed
Vicarious liability in common law
Where are defendant is vicariously liable for the tort of another, he commits no tort himself and may not even owe the relevant duty, but is held liable as a matter of public policy for the tort of the other
What is strict liability?
It sometimes happens that the victim suffers damage without anyone deserving blame for it. Normally this victim has to bear the damage personally, but sometimes there are reasons to shift the damage from the victim who suffered it in the first place to someone else
What are the movements towards strict liability?
- Rise of accidents during industrialisation
-Fairness
-Possibility to recover damages
-Economic efficiency
What are the rules in the italian civil code on strict liability
- Liability arising from exercise of dangerous activities
- Liability for damages caused by pets
- Liability arising from circulating vehicles
