Chapter 21: General Principles of Tort Law

Question 1

Civil wrong (tort) (definition)

Answer 1

Liability for damages (compensation) arises from committing a civil wrong (tort) – actions causing unjust damage to a person (harms his interests).

Tort liability also includes compensation for damages that COULD NOT be predicted.

Question 2

Concept of “unjust damage” to determine liability

Answer 2

The concept of unjust damage determines the extent of liability –> Compensation for damages applies provided that the damage was unjust and there was causation.

Question 3

Strict liability (definition)

Answer 3

Strict liability is liability regardless of intentions (e.g. parents liable for children’s damages).

Question 4

Damage (definition)

Answer 4

Damage may be a material loss, injury or non-satisfaction of needs. It may be patrimonial or non-patrimonial. Therefore, compensation must cover both direct damages and the immediate lost profit.

Question 5

Aim of compensation

Answer 5

The aim of compensation is to restore the person to the position he was in before the act.