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Unit 12: Special rules of extracontractual liability - Coggle Diagram
Unit 12: Special rules of extracontractual liability
Key distinctions
General regime of extracontractual liability (FR) / negligence (UK)
It is necessary to demonstrate the following elements to claim extracontractual liability
Fault - Harm/damage - Causal link between fault an harm/damage
Strict liability regimes
In the strict-liability regime, the injured party must prove the following
Defect (not fault) - Harm/Damage - Causal link
Strict Liability Regimes in France
Product liability
Area of the law that governs the type of injury caused by defective or dangerous products.
Traffic Accidents
A land vehicle powered by an engine
Cars, motorcycles, scooters, tractors, etc. It does not apply to
railways, metro, tramways, any non-electrically assisted vehicle
A traffic accident
An unforeseeable and involuntary event (collisions, crashes, fires, etc.) occurring during
the use of a vehicle on a public or private road
A victim suffereing a physical injury
Pedestrians, cyclists; passengers in the vehicle causing the accident; passengers in another vehicle involved in the accident, along with its driver if he/she is not responsible for the accident
Full monetary compensation provided by the owner or custodian of the vehicle
Even in situations involving the victim's fault, force majeure, or actions by a third party The only exceptions are cases of intentional fault of the victim (e.g., suicide) or inexcusable fault (of exceptional seriousness) on the part of the victim
Environmental Damage
Environmental damage
A legal action available to anyone with a legitimate interest in pursuing it
A limitation period of 10 years
The party at fault (whether an individual or a legal entity) is liable and obligated to provide restoration is kind (the 'polluter pays' principle)
EU Law
New PLD - Product Liability Directive
Ensures that victims can claim compensation from manufacturers when they suffer damage caused by a defective product
Based on 2 main principles
The manufacturer has to compensate the damage caused by a defective product of theirs
The victim has to prove the product's defectiveness, the damage that was caused and establish that this defectiveness was the cause of the damage
Strict Regime in the UK
CPA 1987 (Product Liability)
Claimant
Any person harmed by the product
Defendant
Producer/ 'own brand' provider/ supplier / importer
Liability
Strict. Claimant must prove that the product is dangerous (does not conform to reasonable public expectation of safety) and caused the relevant damage.
Claims are limited
To those over £275. Pure economic loss is never recoverable