CH 6
Fault liability: person caused damage intentionally and must compensate
Strict liability: there is liability, but it is someone else’s or nobody’s fault
Common law of torts: different tort laws which makes it law of torts. A tort is intentional if the
agent performed the act on purpose.
Tort of negligence: someone breaks the duty of care owed to another person
1. Must be duty of care
2. Duty must have been breached
3. Must be damage
4. Damage must be caused by breach of duty of care
Learned Hand Formula: burden has to be less than the probability and injury, otherwise there is a
breach of duty
Neighbor principle: you look out for your neighbor
Civil law: not as many torts, but legislation doesn’t show everything
1. Must be intentional or negligent act that violates a legally protected right against another
person
2. Must have caused damage which qualifies for compensation
Corrective justice: rectifying something that has gone wrong. The person who suffered damage
must be brought back to the same position they were in before the damage. Act must be
attributable to being held liable. Fault liability
Distributive justice: does not need to be restored to status quo; distributed over society
Vicarious liability: employers are liable for what their employees did.
- Must have special relation with each other and have influence over their behavior
Liability without tortfeasor: someone is responsible or profits from the damage (dog and car
owners)
Strict liability offers:
- More protection for injured party
- Incentive for improving safety
- Better insurance options
- Fewer problems in determining liability, which saves costs
Contributory negligence: when part of damage is due to negligence of victim
PETL: damage consists of material or immaterial harm to a legally protected interest
Third persons who suffer noneconomical loss and are in close relation may also claim damage
No compensation if: line from unlawful act to cost is too long, consequence unlikely, or
intervening act interrupts the chain
CH 7
Criminal law: body of rules by which the state prohibits certain forms of conduct because it
, harms or threatens public safety and welfare and that imposes punishment for the commissions
of such acts.
Minimalist principle: criminal law as last resort; ultima ratio
Principle of Individual Autonomy: citizens are free from state
Principle of welfare: weight to collective goals and interests
Harm principle: the only purpose for which power can be rightfully exercised over any member
of a civilized community, against his will, is to prevent harm to others
Legal moralism: based on morals which constantly change
Utilitarian theories:
- Maximize happiness of society
- Harm prevention outweighs harm from punishment
- Consequentialist: only justified when there are beneficial outcomes
- Individual deterrence: to prevent someone from re-offending
- General deterrence: threat or example to discourage people
- Rehabilitation: to prevent future crime through treatment and training
Retributive theories:
- Offenders punished because they deserve it
- Look backward
- Moral link
- Lex talioris: eye for an eye
- Offender takes unfair advantage of society
Actus reus: objective element of a crime; action
Mens rea: mental state; subjective element
Bipartite (common law): has to have actus reus and mens rea (which includes blameworthiness)
Tripartite (civil law): 1. Fulfillment of offense (actus reus, mens rea)
2. Wrongdoing
3. Blameworthiness
- Has to occur in that order
Commission: action originally as bodily movement; social theory of action in which action is
interpreted in the social context in which it occurs
Criminal omission: failure to act by perpetrator (feed kids)
Civil law: intention, negligence
Common law: intention, negligence, and recklessness
Direct intent: consequence of an intention that is actually desired; focus is on the will of the
agent to bring about certain results
Indirect intent: when the agent knows his conduct will almost certainly bring about the result
Conditional intent: conscious acceptance of a possible risk
Fault liability: person caused damage intentionally and must compensate
Strict liability: there is liability, but it is someone else’s or nobody’s fault
Common law of torts: different tort laws which makes it law of torts. A tort is intentional if the
agent performed the act on purpose.
Tort of negligence: someone breaks the duty of care owed to another person
1. Must be duty of care
2. Duty must have been breached
3. Must be damage
4. Damage must be caused by breach of duty of care
Learned Hand Formula: burden has to be less than the probability and injury, otherwise there is a
breach of duty
Neighbor principle: you look out for your neighbor
Civil law: not as many torts, but legislation doesn’t show everything
1. Must be intentional or negligent act that violates a legally protected right against another
person
2. Must have caused damage which qualifies for compensation
Corrective justice: rectifying something that has gone wrong. The person who suffered damage
must be brought back to the same position they were in before the damage. Act must be
attributable to being held liable. Fault liability
Distributive justice: does not need to be restored to status quo; distributed over society
Vicarious liability: employers are liable for what their employees did.
- Must have special relation with each other and have influence over their behavior
Liability without tortfeasor: someone is responsible or profits from the damage (dog and car
owners)
Strict liability offers:
- More protection for injured party
- Incentive for improving safety
- Better insurance options
- Fewer problems in determining liability, which saves costs
Contributory negligence: when part of damage is due to negligence of victim
PETL: damage consists of material or immaterial harm to a legally protected interest
Third persons who suffer noneconomical loss and are in close relation may also claim damage
No compensation if: line from unlawful act to cost is too long, consequence unlikely, or
intervening act interrupts the chain
CH 7
Criminal law: body of rules by which the state prohibits certain forms of conduct because it
, harms or threatens public safety and welfare and that imposes punishment for the commissions
of such acts.
Minimalist principle: criminal law as last resort; ultima ratio
Principle of Individual Autonomy: citizens are free from state
Principle of welfare: weight to collective goals and interests
Harm principle: the only purpose for which power can be rightfully exercised over any member
of a civilized community, against his will, is to prevent harm to others
Legal moralism: based on morals which constantly change
Utilitarian theories:
- Maximize happiness of society
- Harm prevention outweighs harm from punishment
- Consequentialist: only justified when there are beneficial outcomes
- Individual deterrence: to prevent someone from re-offending
- General deterrence: threat or example to discourage people
- Rehabilitation: to prevent future crime through treatment and training
Retributive theories:
- Offenders punished because they deserve it
- Look backward
- Moral link
- Lex talioris: eye for an eye
- Offender takes unfair advantage of society
Actus reus: objective element of a crime; action
Mens rea: mental state; subjective element
Bipartite (common law): has to have actus reus and mens rea (which includes blameworthiness)
Tripartite (civil law): 1. Fulfillment of offense (actus reus, mens rea)
2. Wrongdoing
3. Blameworthiness
- Has to occur in that order
Commission: action originally as bodily movement; social theory of action in which action is
interpreted in the social context in which it occurs
Criminal omission: failure to act by perpetrator (feed kids)
Civil law: intention, negligence
Common law: intention, negligence, and recklessness
Direct intent: consequence of an intention that is actually desired; focus is on the will of the
agent to bring about certain results
Indirect intent: when the agent knows his conduct will almost certainly bring about the result
Conditional intent: conscious acceptance of a possible risk
