Potential liabilities

Question 1

Pecuniary loss definition

Answer 1

Quantifiable economic loss

Question 2

Non-pecuniary loss definition

Answer 2

Non-economic loss

Question 3

Pure economic loss definition

Answer 3

Economic losses that do not arise directly from damage

Question 4

How is PEL established in Germany?

Answer 4

823 I BGB
Right to business falls under “another right”
Must be a direct infringement of the right

Question 5

How is PEL established in England?

Answer 5

Tort of negligence
- Through the exception of assumption of responsibility established by Hedley Byrne
- Caparo limits this to situations where loss arises specifically from the intended purposes of the statement

Question 6

How is PEL established in France? 3 things (3, 1, 3)

Answer 6

Faute liability
- Conduct must be loyal, honest and in good faith.
- Must be direct.
- Must be personal, certain and legal.

Question 7

How is the right to life protected in Germany?

Answer 7

Violation of a normative codified rule 823 I BGB

Question 8

What type of losses are recoverable in Germany for a violation of the right to life?

Answer 8

Pecuniary losses only

Question 9

How is the right to life protected in England?

Answer 9

Tort of negligence

Question 10

What type of losses are recoverable in England for a violation of the right to life?

Answer 10

Pecuniary and non-pecuniary

Question 11

How is the right to life protected in France?

Answer 11

Faute liability 1240
Strict liability for things or persons 1242

Question 12

What type of losses are recoverable in France for a violation of the right to life?

Answer 12

Pecuniary and non-pecuniary

Question 13

How is bodily integrity protected in France?

Answer 13

Faute liability 1240
Strict liability for things or persons 1242

Question 14

How is bodily integrity protected in England?

Answer 14

Tort of negligence
Tort of battery

Question 15

Explain the tort of battery in England

Answer 15

Direct and intentional application of force

Question 16

Defences to battery

Answer 16

Self-defence, consent, medical necessity

Question 17

How is bodily integrity protected in Germany?

Answer 17

Violation of normative codified right 823 I BGB

Question 18

How is the right to privacy protected in England?

Answer 18

Nuisance tort
Reasonable expectation to privacy

Question 19

How is privacy protected in Germany?

Answer 19

Violation of a normative codified right 823 I BGB - personal liberty

Question 20

How is privacy protected in France?

Answer 20

Article 9 CC - right to privacy
No faute needed

Question 21

How is personality protected in England?

Answer 21

Defamation tort
Nuisance tort
Reasonable expectation to privacy

Question 22

How is personality protected in Germany?

Answer 22

Schacht case created general personality right

Caroline Von Hannover - breach of article 8 ECHR

Question 23

How is personality protected in France?

Answer 23

Article 9 CC right to privacy includes right to image

Question 24

How is mental health protected in England?

Answer 24

Tort of negligence
Recognised psychiatric harm
Some personal injury must be reasonably foreseeable

Question 25

How is mental health protected in France?

Answer 25

Does not need to be a medical condition. Must be a certain and direct cause

Question 26

How is mental health protected in Germany?

Answer 26

Violation of a normative codified right 823 I BGB Must be a recognised medical condition and be foreseeable

Question 27

How are secondary victims protected in England?

Answer 27

Must be foreseeable, must be a close tie of love and affection, must be a recognised psychiatric harm

Question 28

How are secondary victims protected in Germany?

Answer 28

Must amount of a recognised medical illness. Does not need to be an eyewitness.

Question 29

How are secondary victims protected in France?

Answer 29

Must be a connection between primary and secondary victim. Medical condition is not required.

Question 30

How is property protected in England?

Answer 30

Tort of negligence Duty of care to people who it is reasonable to foresee may suffer property damage because of negligent conduct

Question 31

How is property protected in Germany?

Answer 31

Violation of a normative codified right 8283 I BGB

Question 32

How is property protected in France?

Answer 32

Faute liability 1240 CC Strict liability 1242 CC