Unit 18- Objective elements, scope of protection

Question 1

What are the 3 objective elements>

Answer 1

1. Injurer
2. Causation
3. Damage

Question 2

What is causation

Answer 2

It is about linking the event triggering the liability of the defendant with the damage suffered by the victim

Question 3

What are the two types of causation

Answer 3

• “but for” causation
• “adequate cause theory”

Question 4

What is “but for” causation

Answer 4

If the harm would have happened regardless of the defendant’s conduct, then the defendant’s actions are not considered the cause, and they may not be held liable

Question 5

What is “adequate cause theory”

Answer 5

Takes a more flexible approach and considers whether the defendant’s actions were a significant contributing factor to the harm, even if there were other concurrent causes or factors involved

Question 6

What are compensable damages

Answer 6

Compensable damages refer to the types of damages that a plaintiff can recover from a defendant for the harm or injury suffered as a result of the defendant’s wrongful conduct

Question 7

What are the 4 types of compensable damages?

Answer 7

• Physical injury
• Property damage
• Economic loss
• Emotional distress

Question 8

What are non compensable damages?

Answer 8

Those that are not recognised or awarded by the court as compensation for the harm suffered

Question 9

What are the two tort law systems?

Answer 9

-Rule based: tort law is primarily governed by specific and detailed rules that dictate the elements of various torts and provide specific standards of conduct and liability

-Principle based: goal is to create a cohesive and coherent framework that can be applied a wide range of circumstances

Question 10

Tort liability in the german civil code

Answer 10

Adequate causation

Question 11

Tort liability in the french code civil

Answer 11

Direct causation