CETL: Readings
Lecture 5B with 100%
correct answers
already graded A+
How is liability for a moveable object determined if there is no specific rule? -
answer It has to be based on the defendant's fault so on intentional or
negligent conduct
On who does liability rest for a defective product? - answer On the
manufacturer of the product so the product remains his responsibility even if
he puts it out on the market, the manufacturer is the most eligible actor in
the distribution chain able to control and prevent defectiveness
How is damage to the environment regulated in each system? - answer Strict
liability in all three systems, the polluter is liable not the owner or keeper of
land
On whom does liability rest for animals and motor vehicles? - answer On the
gardien, halter or keeper, these persons have factual control control over the
moveable object
Who is considered to be the potentially liable person with motor vehicles? -
answer The driver
What is the purpose of making the driver liable but the owner of a building or
operator of a plant? - answer It imposes liability on someone who can be
easily traced and identified
, How are liability cases in relation to animals dealt with under the English
system? - answer It can fall under the strict liability regime of the Animals
act, otherwise it is dealt with on the basis of the tort of negligence
When does strict liability apply? - answer Damage caused by livestock
straying onto another person's land, damage caused by dangerous animals
that are usually not domesticated, damages caused by dogs that kill or injure
cattle
When is a keeper strictly liable for an animal? - answer If the animal has
posed a risk of severe damage, a risk that is attributable to the animal's
abnormal characteristics which are not normally so found except at particular
times or in particular circumstances and those characteristics were known to
its keeper
How can the keeper of an animal avoid or restrict liability under English law?
- answer By proving an assumption of risk or contributory negligence
What is the liability regime for animals in Germany? - answer For damage
caused by a luxury animals it is strict, for a nutztier there is negligence
liability with a reversed burden of proof, a nutztier is a domestic animal
serving the business; income or prosperity of the keeper, a luxury animal is
every other animal that does not serve these economic purposes
Who is a keeper according to German law? - answer Someone who has for his
own interest and for a certain duration supervision of the animal
What is the liability regime for animals in France? - answer Article 1385 CC
holds the owner or person who uses the animal strictly liable for damage
caused by the animal provided that there is a sufficient causal connection
with the damage, the liable person cannot invoke force majeure, animal
must be appropriated, this provision has been absorbed into the general
strict liability for things
Lecture 5B with 100%
correct answers
already graded A+
How is liability for a moveable object determined if there is no specific rule? -
answer It has to be based on the defendant's fault so on intentional or
negligent conduct
On who does liability rest for a defective product? - answer On the
manufacturer of the product so the product remains his responsibility even if
he puts it out on the market, the manufacturer is the most eligible actor in
the distribution chain able to control and prevent defectiveness
How is damage to the environment regulated in each system? - answer Strict
liability in all three systems, the polluter is liable not the owner or keeper of
land
On whom does liability rest for animals and motor vehicles? - answer On the
gardien, halter or keeper, these persons have factual control control over the
moveable object
Who is considered to be the potentially liable person with motor vehicles? -
answer The driver
What is the purpose of making the driver liable but the owner of a building or
operator of a plant? - answer It imposes liability on someone who can be
easily traced and identified
, How are liability cases in relation to animals dealt with under the English
system? - answer It can fall under the strict liability regime of the Animals
act, otherwise it is dealt with on the basis of the tort of negligence
When does strict liability apply? - answer Damage caused by livestock
straying onto another person's land, damage caused by dangerous animals
that are usually not domesticated, damages caused by dogs that kill or injure
cattle
When is a keeper strictly liable for an animal? - answer If the animal has
posed a risk of severe damage, a risk that is attributable to the animal's
abnormal characteristics which are not normally so found except at particular
times or in particular circumstances and those characteristics were known to
its keeper
How can the keeper of an animal avoid or restrict liability under English law?
- answer By proving an assumption of risk or contributory negligence
What is the liability regime for animals in Germany? - answer For damage
caused by a luxury animals it is strict, for a nutztier there is negligence
liability with a reversed burden of proof, a nutztier is a domestic animal
serving the business; income or prosperity of the keeper, a luxury animal is
every other animal that does not serve these economic purposes
Who is a keeper according to German law? - answer Someone who has for his
own interest and for a certain duration supervision of the animal
What is the liability regime for animals in France? - answer Article 1385 CC
holds the owner or person who uses the animal strictly liable for damage
caused by the animal provided that there is a sufficient causal connection
with the damage, the liable person cannot invoke force majeure, animal
must be appropriated, this provision has been absorbed into the general
strict liability for things
