Protected Rights

Question 1

What are the foundational requirements of liability?

CERD

Answer 1

Corrective justice, efficiency, retributive justice, distributive justice

Question 2

What are the legally relevant requirements of liability?

PACD

Answer 2

Protected rights and interests, attribution (fault or strict), causation, damages

Question 3

How does German law frame the issue of protected rights?

Answer 3

By requiring unlawfulness through infringement of rights listed in BGB

Question 4

What is Art. 823 I BGB?

Answer 4

Provision requiring compensation for unlawful injury to life, body, health, freedom, property or other rights

Question 5

How does English law approach protected rights?

Answer 5

Through duty of care, triggered more easily by personal and property loss

Question 6

How does French law handle protected interests?

Answer 6

No predefined list; courts decide what is protected

Question 7

What is the role of tort law in protected interests?

Answer 7

To protect interests society deems worthy, evolving with time

Question 8

What determines the level of care owed in tort law?

Answer 8

The value of the infringed right

Question 9

Why do strict liability rules exist?

Answer 9

To protect highly valued rights

Question 10

How is liability determined?

Answer 10

By balancing claimant’s rights with defendant’s freedom

Question 11

What does tort law provide in cases of death?

Answer 11

Loss of maintenance and funeral costs to certain relatives

Question 12

Is the right to physical integrity well protected?

Answer 12

Yes, pecuniary and non-pecuniary losses are compensable

Question 13

How do German and English laws approach mental health claims?

Answer 13

They require a medical condition

Question 14

How does French law treat mental health claims?

Answer 14

Negative emotional impact can be enough

Question 15

What is ‘pure mental harm’?

To whom?

Answer 15

Harm to non-direct victims like bystanders or family members without physical injury

Question 16

What infringes the right to privacy?

Answer 16

Wrongful disclosure (revealing confidential info), image misuse, or violating intimate sphere

Question 17

How has technology impacted privacy rights?

Answer 17

Enabled new forms like revenge porn

Question 18

What is defamation in tort law?

Answer 18

Damaging someone’s reputation by false statements

Question 19

What is wrongful conception?

Answer 19

Birth of an unwanted child due to another’s wrongful conduct

Question 20

What factors support wrongful conception claims?

Answer 20

Interference with family life, pecuniary/non-pecuniary damage, autonomy

Question 21

What arguments oppose wrongful conception claims?

Answer 21

Joy of parenthood offsets damage, could have aborted, dignity concerns if child = “damage”

Question 22

What compensation does German law allow for wrongful conception?

Answer 22

Cost of maintenance and non-pecuniary loss to the mother

Question 23

What compensation does English law allow for wrongful conception?

Answer 23

Nominal sum and non-pecuniary loss to the mother

Question 24

What compensation does French law allow for wrongful conception?

Answer 24

Only if the child is unhealthy

Question 25

What is compensable under property protection?

Answer 25

Cost of repair, lost value, and economic loss (e.g., taxi not used)

Question 26

What types of loss are not usually compensable in property cases?

Answer 26

Pain and suffering

Question 27

What is pure economic loss?

Answer 27

Financial loss not resulting from injury or property damage

Question 28

How does French law view pure economic loss?

Answer 28

It is protected like other damage, focus on causation

Question 29

How does English law view pure economic loss?

Answer 29

It is less protected due to fear of excessive claims