Lecture 2 Flashcards
What is the difference between contractual liability and tortious liability?
Contractual liability arises from the failure to meet contractual obligations.
Torches liability arises from causing harm to others as mandated by law.
What are the two conditions in which contractual liability shall be decided?
- Proper contract has been concluded between the creditor and the debtor.
- The damage has resulted from a non-performance of a contracts obligation.
What does it mean by “ a proper contract, has been concluded between the creditor, and the debtor”?
This is where the non-existence of a contract, faults committed during the pre-contracting stage a.k.a. negotiations, and the avoidance of contracts (nullifying or cancelling a contract) shall be considered as aspects absent in the contract.
What does it mean by “the damage has resulted from a non-performance of a contract obligation”?
It is when one party involved in the contract did not fulfil their side of obligations.
What does a creditor have to do under contractual liability that isn’t applicable or used under tortious liability?
Serve a warning to the other party.
What occurs if a tortious act has been committed by several people?
There are two cases to consider in which the court provides liability;
- Joint liability: each of the individuals involved shared joint responsibility and provide compensation collectively.
- Equal liability: each of the individuals involved are responsible, but compensation is divided among them.
What does not apply under contractual liability?
The court allocating liability, jointly, or equally between the tortfeasors, unless the agreement between contracting parties or the law states otherwise.
True or false: tortious liability cannot be negated by a contract, stating that the tortfeasor did not commit a tortious act.
True, it shall be rendered void.
What is the term for a case to be made by an aggrieved party in terms of damages resulting from a tortious act?
If the aggrieved party knew of the damages caused and the person who caused it, they have appeared of three years to file a case against them.
However, after the elapsing of three years…
If the case was not filed within those three years then the aggrieved party has 15 years to file a case, and if they don’t, they don’t have the chance of filing a case regarding their damages again.
The 15 year term is also the same for contractual liability.
What is the first element of liability in tort?
The first element is tortious act. Under this element, the fault is not required the tortious act is enough.
The person responsible for the tortious act shall be liable, even though they do not enjoy full legal capacity.
What happens if the tortious act is direct and indirect?
Under a direct cause the damages shall be due unconditionally.
Under indirect cause evidence of causation is needed.
Define causative tortious act.
An act that takes place when something is damaged, and that damages something else.
