Law of torts

Question 1

Define liability of damage

Answer 1

Material damage:
• Real loss (depreciation in value; e.g. price of the animal)
• Unrealized profit (pecuniary advantage loss)
• Justified expenses (costs necessary for the mitigation or elimination of the financial losses; e.g. veterinary
treatment, transport)
• Not emotional damage
Immaterial damage: violation of someone’s personal rights (e.g. injury of reputation)

Question 2

Burden of proof (general liability) by the injured party

Answer 2

• Damage
• Connection between the illegal action and the damage

Question 3

Burden of proof by the person causing the damage (tortfeasor)

Answer 3

• His action was not illegal, or
• His action was not negligent

Question 4

Define strict/objective liability.

Answer 4

• A person who pursues an activity that is considered highly dangerous shall be liable for any damage caused
thereby
• Where such person is able to prove that the damage occurred due to an unavoidable cause that falls beyond
the realm of highly dangerous activities, he shall be relieved from liability
• No compensation shall be provided for any damage insofar as it originates from an activity attributable to
the aggrieved party

Question 5

How can liability be excluded in case of strict/objective liability.

Answer 5

• Unavoidable external reason:
- Vis major
- Injured party’s unavoidable action
- Third person’s unavoidable action
- Unavoidable effect of other external event (e.g. animal)
• Time limit: 3 years

Question 6

Liability of employee (who is responsible if the employed vet injures the animal keeper).

Answer 6

• If an employee causes damage to a third party in connection with his employment, liability in relation to
the injured person lies with the employer.
• Liability of the employee and the employer shall be joint and several if the damage was caused
intentionally.

Question 7

Liability of administrative authorities

Answer 7

• Liability for damages caused within the scope of administrative jurisdiction shall be 

established only if the damage results from actions or omissions in the exercise of public authority, and if
the damage cannot be abated by common remedies or in proceedings for the judicial review of an
administrative decision
• Liability lies with the legal person exercising public authority or with the administrative body having legal
personality, on whose behalf the relevant administrative body operates.

Question 8

Veterinary written rules.

Answer 8

• Legislation
• Books, course notes, scientific articles and conference papers
• Instructions for use of pharmaceuticals and vaccines