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Unit 11: Contract law v. Tort Law - Coggle Diagram
Unit 11: Contract law v. Tort Law
Extracontractual Liability (France)
Definition
the obligation to repair the harm caused and the correspondent right to obtain compensation (i.e., damages) for the harm suffered
General regime & the elements for assering: fault, harm/damage, causal link
General regime
Any human action which causes harm to another creates an obligation in the person by whose fault it occured to make reparation for it.
Everyone is liable for harm which he has caused not only by his/her action, but also by his/her failure to act or his/her lack of care
Elements for assering
Fault
caused by facts concerning the person, things, animals, third parties
Special liability regime for: circulation, defected products, environment
Harm/damage
Material harm: loss incurred + profit lost
Moral harm
Causal link between fault and harm/damage
Special regimes: Liability for facts caused by third parties and things under one's custody
Parents
a father and mother are jointly and severally liable for harm caused by their minor children who live with them
Masters and employers
for harm caused by their servants and employees within functions for which they employed them
Teachers and artisans
for harm caused by their pupils and apprentices during the time which they are under their supervision
Animal
the person using it while in their care, is responsible for any damages the animal causes
Building
The owner is responsible for damage caused by its collapse when it resultas from lack of maintenance or a contruction defect
Causes of liability exoneration
Force majeure
Act of a third person
Damaged person's fault
Key distinctions: tort liability v. contractual liability v. criminal liability
Tort liability
Arises from a civil wrong that causes harm to another person.
Does not require a pre-existing relationship between the parties
It is concerned with duties imposed by law to prevent harm
Contractual liability
Arises when one party fails to fulfil the obligations of a legally binding agreement
Rooted in mutual agreement and the expectations set out within the contract's terms
Criminal liability
Concerns offences against the state or society rather than disputes between individuals
Tort Law (UK)
Other torts
Intentional torts
assault, battery, or defamation involve deliberate actions intended to cause harm
Nuisances
An individual's use of their property unreasonably interferes with the enjoyment of another's land, and trespass, which deals with unauthorised intrusions on property or rights
Strict liability torts
Liability is imposed without the need to prove negligence or fault.
Negligence
Definition
Situations where a party fails to exercise the level of care that a resonable person would, thereby causing injury or loss
A breach of legal duty to take care which results in damage to the claimant
Elements for asserting: duty of care, breach of the duty of care, causal link, damage: not too remote
The claimant was owed a duty of care -> There was a breach of that duty of care -> The claimant suffered damage as a result of that breach (causation) -> The damage suffered was not too remote
Duty to care & Neighbour principle: Donoghue v. Stevenson and Caparo Industries v. Dickman
Duty of care
Legal obligation to take reasonable care not to cause harm or loss to others. If someone fails in that duty someone else gets hurt as a result, they can be held liable in tort
Two ways duty of care may be established
The defendant and claimant are within one of the 'established duty situations'
Outside of theses situations, according to the principle developed by case law
Established duty situations
There are a number of situations in which the courts recognise the existence of a duty of care.
The neighbour principle
Donoghue v. Stevenson
You owe a duty of care to people who might be reasonably affected by what you do (or don't do)
Caparo v. Dickman
Introduced a 3-stage test to decide wheher a duty of care should be imposed in new or complex situations
Foreseeability
Was the harm reasonably foreseeable ?
Proximity
Was there a close and direct relationship between the parties ?
Fair, just and reasonable
Would it be fair, just and reasonable to impose a duty on thee defendant ?
Deals with civil law breaches causing personal injuries, property damage and other forms of personal harm.
Aims to provide remedies, either compensating for losses or preventing them