Week 1:
● Facts
● Tort law rules
Facts: snail in bottle, shock, gastrro- enteritis, manufacturer could prevent ( was careless=
And manufacturer made it impossible to check contents
Law:Duty of care( manufacturer to consumer), breach of duty, harm as consequence( shock
etc.)
And relationship of duty, customer has to rely on diligence manufacturer
______________________________________________________________ +
Award of damages ( obligation to pay damages) = decision
Fault -> causality -> harm
snail in bottle, shock, gastrro- enteritis, manufacturer could prevent
Duty of care( manufacturer to consumer: should prevent ), breach of duty ( did not prevent):
fault
harm as consequence( shock etc.): harm & causality
Families of tort law
French Law
● Art. 1240 Cc
● “ Any human act which causes damage to someone else obliges the person by whose
fault it occurred, to compensate it.”
French Law: classification of kinds of fault:,
Fault:
1) Written rules - statue/ official rules
Other rules
2) Unwritten rules- reasonable person
Abuse of right
Protected interests: German approch
Fault: certain kinf od wrongfulness -> causality -> list of protected interests
,Week 2:Objective fault -negligence
Fundamental structure of tort law (fault liability)
France:
"Any human act which causes damage to someone else obliges the person by whose fault it
occurred, to compensate it."
Art. 1240 Cc
“One shall be liable not only by reason of one’s acts (par son
fait), but also by reason of one’s imprudence or negligence”
Art. 1241 Cc
A. Objective v subjective fault
• Wrongfulness:
observable
conduct,
foreseeable
consequencesyyy
, • Accountability:
state of mind
• Intentionality
• (Lack of)
capacity
Conduct and intentionality
• Conduct: bodily movements but also consequences
• Predictable (foreseeable) consequence?
• Intended consequence?
• Presumption of mental frame behind it (incl. reasonable person).
• Correction for some instances where no attribution (minors, mental disturbance), or higher
treshold (subjective fault, L 5).
• Accountability is usually presumed, lack of accountability is often a defence
Intentionality: state of mind
Attitude towards resultant harm
• Negligent attitude/carelessness (‘negligence’)
• Intention
• Malice
• Usually negligent attitude/carelessness suffices (art. 1241 Cc, §276(1) BGB)
Germany: distinguish objective and subjective fault
⬅️
Liability requires:
Tatbestand (infringement) Objective fault
- breach of person’s rights §823 I; statute §823 II; or public policy §826
Rechtswidrigkeit (unlawfulness) - unless justification/defence → lecture 5
⬅️
- Verschulden (culpability, attributable: §276 I BGB)
- (and causality) subjective fault
Common law:
‘It is common ground that under our law two persons can stand aside and watch a third jump to
his death: there is no legal duty to rescue’
Vellino v Chief Constable of Greater Manchester [2001] EWCA Civ 1249, at 13
But: specific statutes:
§ 361.062 Florida Statutes (Duty to give information and render aid)
● Facts
● Tort law rules
Facts: snail in bottle, shock, gastrro- enteritis, manufacturer could prevent ( was careless=
And manufacturer made it impossible to check contents
Law:Duty of care( manufacturer to consumer), breach of duty, harm as consequence( shock
etc.)
And relationship of duty, customer has to rely on diligence manufacturer
______________________________________________________________ +
Award of damages ( obligation to pay damages) = decision
Fault -> causality -> harm
snail in bottle, shock, gastrro- enteritis, manufacturer could prevent
Duty of care( manufacturer to consumer: should prevent ), breach of duty ( did not prevent):
fault
harm as consequence( shock etc.): harm & causality
Families of tort law
French Law
● Art. 1240 Cc
● “ Any human act which causes damage to someone else obliges the person by whose
fault it occurred, to compensate it.”
French Law: classification of kinds of fault:,
Fault:
1) Written rules - statue/ official rules
Other rules
2) Unwritten rules- reasonable person
Abuse of right
Protected interests: German approch
Fault: certain kinf od wrongfulness -> causality -> list of protected interests
,Week 2:Objective fault -negligence
Fundamental structure of tort law (fault liability)
France:
"Any human act which causes damage to someone else obliges the person by whose fault it
occurred, to compensate it."
Art. 1240 Cc
“One shall be liable not only by reason of one’s acts (par son
fait), but also by reason of one’s imprudence or negligence”
Art. 1241 Cc
A. Objective v subjective fault
• Wrongfulness:
observable
conduct,
foreseeable
consequencesyyy
, • Accountability:
state of mind
• Intentionality
• (Lack of)
capacity
Conduct and intentionality
• Conduct: bodily movements but also consequences
• Predictable (foreseeable) consequence?
• Intended consequence?
• Presumption of mental frame behind it (incl. reasonable person).
• Correction for some instances where no attribution (minors, mental disturbance), or higher
treshold (subjective fault, L 5).
• Accountability is usually presumed, lack of accountability is often a defence
Intentionality: state of mind
Attitude towards resultant harm
• Negligent attitude/carelessness (‘negligence’)
• Intention
• Malice
• Usually negligent attitude/carelessness suffices (art. 1241 Cc, §276(1) BGB)
Germany: distinguish objective and subjective fault
⬅️
Liability requires:
Tatbestand (infringement) Objective fault
- breach of person’s rights §823 I; statute §823 II; or public policy §826
Rechtswidrigkeit (unlawfulness) - unless justification/defence → lecture 5
⬅️
- Verschulden (culpability, attributable: §276 I BGB)
- (and causality) subjective fault
Common law:
‘It is common ground that under our law two persons can stand aside and watch a third jump to
his death: there is no legal duty to rescue’
Vellino v Chief Constable of Greater Manchester [2001] EWCA Civ 1249, at 13
But: specific statutes:
§ 361.062 Florida Statutes (Duty to give information and render aid)
