Tort Law Notes

TORT LAW
Lecture 1
THE BASIC RULE (Art. 1:101)

1) A person who suffers legally relevant damage has a right to reparation from a person who
caused the damage intentionally or negligently or is otherwise accountable for the causation of
the damage.
2) Where a person has not caused legally relevant damage intentionally or negligently that
person is accountable for the causation of legally relevant damage only if Chapter 3
(accountability without intention or negligence) so provides.

Art. 3:101 – INTENTION

A person causes legally relevant damage intentionally when that person causes such damage either:

a) Meaning to cause damage of the type caused, OR
b) By conduct which that person means to do, knowing that such damage, or damage of that
type, will or will almost certainly be caused

Intention in itself is not a sufficient ground of accountability!

Art. 3:102 – NEGLIGENCE

A person causes legally relevant damage when that person causes the damage by conduct which
either:

a) Does not meet the particular standard of care provided by a statutory provision whose purpose
is the protection of the person suffering the damage from that damage;
b) Does not otherwise amount to such care as could be expected from a reasonably careful
person in the circumstances of the case

1 Conduct controlled by will



2 Duty of care

Statutory duty General duty



3 Breach of duty of care

Statutory duty (breach of the particular standard of care provided by a statutory provision) General
duty (breach of the care as could be expected from a reasonably careful person in the circumstances of
the case – the reasonable person statement)



STRICT LIABILITY

, o Accountability without intention or negligence
o Types of strict liability covered in the course;
- Damage caused by the unsafe state of an immovable (Rule 3:202)
- Damage caused by animals (Rule 3:203)
- Damage caused by defective products (Rule 3:204)

 DAMAGE CAUSED BY THE UNSAFE STATE OF AN IMMOVABLE
Rule 3:202
Person responsible for the dangerous state OR person who has duty to prevent legally relevant
damage
Injured person does not have to prove the damage, only that the immovable was unsafe
 DAMAGE CAUSED BY ANIMALS
Rule 3:203
‘Animals’ refers to household pets, domestic and kept wild, exception is animals living in the
wild
Keeper of an animal has; the beneficial use of the animal, OR has physical control over it, and
who exercises the right to control it
 DAMAGE CAUSED BY DEFECTIVE PRODUCTS
Rule 3:204
Design and instruction defects as well as manufacturing defects



COMMON LAW TORT (LECTURE 2)
TRESSPASS TO THE PERSON UNDER THE COMMON LAW

o Assault; intentionally causing apprehension of an immediate battery (putting fear of
something happening to a person, even if you do not actually do anything)
o Battery; direct and intentional application of unlawful contact (any physical contact amounts
to force, if they do not see you, hence are not afraid of you doing something to them, it is
battery)
o False Imprisonment; intentional restraint on the freedom of movement (use of force is not
required, knowledge of restraint is not necessary at the moment, excludes reasonable
restriction and court orders to detain)

Defenses to Trespass to the Person

 Consent – consenting to physical contact that would otherwise amount to battery, implied
consent; (sports, medical treatment and voluntary involvement in a fight)
 Self-defense – must be proportionate to the threat
 Necessity – applicable in cases of protecting life and health



NEGLIGENCE UNDER THE COMMON LAW

Duty of Care