Non-contractual liability + strict liability
Relevant section: Book VI DCFR
Non-contractual liability with fault/personal misconduct:
Criteria:
1. Start with basic rule → 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. Legally relevant damage → 2:101/2:201 (see list)
3. Accountability
○ Intention → 3:101
■ Meaning to cause damage
■ Knowing that the damage will or will almost certainly be caused
○ Negligence → 3:102
■ (a) Reasonably careful person or (b) standard of care provided by law
4. Causal Link → 4:101
○ A person causes legally relevant damage to another if the damage is to be regarded as
a consequence of that person’s conduct or the source of danger for which that person
is responsible.
Non-contractual liability without fault/personal misconduct:
Criteria:
1. Start with basic rule → 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. Legally relevant damage → 2:101/2:201 (see list)
3. Accountability
○ Persons under 18 accountable for negligence → 3:103(1)
○ Persons under 7 NOT accountable → 3:103(2)
4. Defences
○ Mental incompetence → 5:301
○ Event beyond control → 5:302
Strict liability:
Criteria:
1. Start with basic rule → 1:101
○ (2) A person who has not caused legally relevant damage intentionally or negligently
that person is accountable only if chapter 3 so provides… under section 2
2. Legally relevant damage → 2:101/2:201 (see list)
3. Accountability
○ Parental liability/supervisory institution → 3:104
■ Parents obliged to provide parental care for persons under age of 14 & are
accountable for legally relevant damage.
Relevant section: Book VI DCFR
Non-contractual liability with fault/personal misconduct:
Criteria:
1. Start with basic rule → 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. Legally relevant damage → 2:101/2:201 (see list)
3. Accountability
○ Intention → 3:101
■ Meaning to cause damage
■ Knowing that the damage will or will almost certainly be caused
○ Negligence → 3:102
■ (a) Reasonably careful person or (b) standard of care provided by law
4. Causal Link → 4:101
○ A person causes legally relevant damage to another if the damage is to be regarded as
a consequence of that person’s conduct or the source of danger for which that person
is responsible.
Non-contractual liability without fault/personal misconduct:
Criteria:
1. Start with basic rule → 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. Legally relevant damage → 2:101/2:201 (see list)
3. Accountability
○ Persons under 18 accountable for negligence → 3:103(1)
○ Persons under 7 NOT accountable → 3:103(2)
4. Defences
○ Mental incompetence → 5:301
○ Event beyond control → 5:302
Strict liability:
Criteria:
1. Start with basic rule → 1:101
○ (2) A person who has not caused legally relevant damage intentionally or negligently
that person is accountable only if chapter 3 so provides… under section 2
2. Legally relevant damage → 2:101/2:201 (see list)
3. Accountability
○ Parental liability/supervisory institution → 3:104
■ Parents obliged to provide parental care for persons under age of 14 & are
accountable for legally relevant damage.
