Contract and
Tort law
, Contract & Tort Law - Week 1
Tort Law >
Establishing Liability
-
Tort Law
deals with caused outside
civil
liability for harm contract
·
a
liability arises from wrongful conduct causing damage
·
Contract
requires an agreement between parties
·
·
focuses on formation validity performance ,
remedies for non-
, ,
performance
Private vs Public Law
State
. constitutional
eg
public Jaw HR , administrative ,
relations criminal
'vertical'
A person A person
Private law
'horizontall
.
eg contract
,
fo r t
, property , family
sources of private law :
·
primarily national law >
-
Civil codes + case law
_
·
eu law e international law
·
DCFR (Draft Common Frame of References
Legal Reasoning Method
Issue+ ?
·
What is the legal problem
Rule + Which legal rules apply ?
·
Application- > the rules to the facts
Apply
·
Conclusion -
· > clear legal answer
,Requirements of for t liability ?
.
1 relevant damage
legally
.
2 Causation
' but for 'test
.
3 accountability
>
fault based liability
-
or
>
no-faul liability
-
Legal consequence
:
right to reperation
Fault based
liability
liability is based on fault existance of
not merely on the damage
·
,
·
Classic formulation (Jhering)
I t is not demage that creates liability ,
but fault
Two main forms
Intentional for ts
·
Art
VI-3 : 101 DCFR
ac tor m e a n s to cause damage
Negligence
-
Ar t VI-3 : 102 DCFR
carelessness
·
violation of Statutory law zeg .
traffic laws (
·
violation of unwritten role of Social Conduc t
↳ failure to act as a
reasonably careful person would in
the circumstances
, German Law
·
liability for intentional or
negligent unlawful infringement
·
liability can also arise from failing to ac t
concept of Verkehrspflichten
·
general duty of sefery
·
obligation to take reasonable precautions to prevent harm
·
snow-covered steps case
Rulings >
-
owner of a piece of land which is available for use
by the
public most comply with Verkehrssicherheit requirements a
thus is liable for damage due to defective maintenance
or failure to eliminate hazards on it
Letoce leaf case
- > Store has
Rulings general duty of safety to
keep floor clean e
safe for customers , through absolute safety cannot
be
reasonably expected
:
Shop liable ,
but 13 reduction due to
contributory neglig
French Law
·
any fault causing harm obliges the person at fault compensate
Foster
L'Olympique Lyonnais v. .
Rulings - >
organiser of a sports event is under a
doty to take adequate
security measures
the omission constitutes a violation of such a doty
Tort law
, Contract & Tort Law - Week 1
Tort Law >
Establishing Liability
-
Tort Law
deals with caused outside
civil
liability for harm contract
·
a
liability arises from wrongful conduct causing damage
·
Contract
requires an agreement between parties
·
·
focuses on formation validity performance ,
remedies for non-
, ,
performance
Private vs Public Law
State
. constitutional
eg
public Jaw HR , administrative ,
relations criminal
'vertical'
A person A person
Private law
'horizontall
.
eg contract
,
fo r t
, property , family
sources of private law :
·
primarily national law >
-
Civil codes + case law
_
·
eu law e international law
·
DCFR (Draft Common Frame of References
Legal Reasoning Method
Issue+ ?
·
What is the legal problem
Rule + Which legal rules apply ?
·
Application- > the rules to the facts
Apply
·
Conclusion -
· > clear legal answer
,Requirements of for t liability ?
.
1 relevant damage
legally
.
2 Causation
' but for 'test
.
3 accountability
>
fault based liability
-
or
>
no-faul liability
-
Legal consequence
:
right to reperation
Fault based
liability
liability is based on fault existance of
not merely on the damage
·
,
·
Classic formulation (Jhering)
I t is not demage that creates liability ,
but fault
Two main forms
Intentional for ts
·
Art
VI-3 : 101 DCFR
ac tor m e a n s to cause damage
Negligence
-
Ar t VI-3 : 102 DCFR
carelessness
·
violation of Statutory law zeg .
traffic laws (
·
violation of unwritten role of Social Conduc t
↳ failure to act as a
reasonably careful person would in
the circumstances
, German Law
·
liability for intentional or
negligent unlawful infringement
·
liability can also arise from failing to ac t
concept of Verkehrspflichten
·
general duty of sefery
·
obligation to take reasonable precautions to prevent harm
·
snow-covered steps case
Rulings >
-
owner of a piece of land which is available for use
by the
public most comply with Verkehrssicherheit requirements a
thus is liable for damage due to defective maintenance
or failure to eliminate hazards on it
Letoce leaf case
- > Store has
Rulings general duty of safety to
keep floor clean e
safe for customers , through absolute safety cannot
be
reasonably expected
:
Shop liable ,
but 13 reduction due to
contributory neglig
French Law
·
any fault causing harm obliges the person at fault compensate
Foster
L'Olympique Lyonnais v. .
Rulings - >
organiser of a sports event is under a
doty to take adequate
security measures
the omission constitutes a violation of such a doty
