Test 3

Question 1

Tort Law

Answer 1

Tort law covers situations where a victim suffers a loss, typically economic, and seeks compensation from the person who caused that loss.

Question 1

Compensation (Distributive Justice)

Answer 1

Ensuring that victims are compensated for their losses, restoring them to their pre-damage position.

Question 2

Sanction/Retributive Justice

Answer 2

Punishing wrongdoers proportionally to their wrongful acts.

Question 3

Deterrence/Prevention

Answer 3

Preventing future harm by imposing liability on wrongdoers, thus influencing behavior.

Question 4

Fault-Based Liability

Answer 4

Liability arises when a tortfeasor acts wrongfully and must compensate for the resulting damage.

Question 5

Vicarious Liability

Answer 5

Occurs when one person is held liable for the wrongful acts of another (e.g., employers for employees, parents for children).

Question 6

Strict Liability

Answer 6

Liability without fault, where the tortfeasor is liable for damages caused by their actions or things under their control (e.g., animals, dangerous activities).

Question 7

Compensatory Damages

Answer 7

Intended to restore the victim to the position they were in before the harm occurred. The injured party must prove the damage suffered.

Question 8

Punitive Damages

Answer 8

Higher than the loss suffered, intended to punish the tortfeasor, deter future misconduct, and sometimes cover non-compensable losses or legal fees. Common in the U.S. and increasingly accepted in Europe.

Question 8

But For Causation

Answer 8

The damage would not have occurred without a specific activity or event. This approach can lead to an overly extensive causal chain.

Question 8

Non-Pecuniary Losses

Answer 8

Compensation for non-pecuniary damage is provided for personal injuries, injury to dignity, freedom, or other personality rights.

Question 9

Adequate Cause Theory

Answer 9

The injurer’s conduct is deemed an adequate cause of damage if it is generally likely to produce the result or significantly increases the likelihood of that result occurring.

Question 10

Title (Personal Property Law)

Answer 10

Title is the primary right, granting exclusive possession over a chattel.

Question 10

Rules-Based Approach

Answer 10

Common in common law and the German system, where specific causes of action are defined by law.

Question 11

Principle-Based Approach

Answer 11

Common in French and Italian systems, where an abstract rule provides comprehensive coverage for tort liability.

Question 12

Absolute Right

Answer 12

Ownership is an absolute right, meaning it is protected against everyone (erga omnes).

Question 13

Recovery Action (Reivindicatio)

Answer 13

The right of the owner to reclaim their property from any third party who possesses it unlawfully.

Question 14

Injunctive Relief (Actio negatoria)

Answer 14

The right to prevent or remove any interference with property interests.

Question 15

Primary Property Rights

Answer 15

These rights include full ownership and intellectual property, granting the holder complete control over the asset

Question 16

Secondary (Lesser) Property Rights

Answer 16

These rights include only some of the powers associated with ownership, such as the right to use or the right to secure a debt.

Question 17

Servitudes (Easements in Common Law)

Answer 17

Rights allowing the use of another’s property, like the right of way.

Question 17

Usufruct

Answer 17

The right to use and enjoy the benefits of someone else’s property without owning it (similar to a leasehold in common law).

Question 18

Hypothec/Mortgage

Answer 18

A right granted over property to secure the payment of a debt.

Question 18

Pledge

Answer 18

A movable property is handed over to secure a debt.

Question 19

Numerus Clausus

Answer 19

Only limited property rights recognized by law can be created; individuals cannot invent new types of property rights.

Question 19

Run with the Asset

Answer 19

These rights remain attached to the property even if it is sold or transferred.

Question 20

Servitudes

Answer 20

Servitudes are rights in rem, meaning they are attached to the land and not the individual owner. They are used to benefit one piece of land (dominant land) by imposing a burden on another (servient land).

Question 21

Affirmative Servitudes

Answer 21

Allow the owner of the dominant land to do something on the servient land (e.g., right of way).

Question 22

Negative Servitudes

Answer 22

Allow the owner of the dominant land to prevent the owner of the servient land from doing something (e.g., preventing the construction of buildings that would block a view).

Question 23

Priority

Answer 23

Holders of security interests have priority in claims over the asset in the event of the debtor's insolvency, ahead of other creditors without security rights.

Question 24

Legal Significance

Answer 24

The legal system grants important protections to possession to maintain peace and order in society.

Question 25

Self-Help

Answer 25

Possessors may defend their possession through self-help in limited situations, such as proportionate self-defense or immediate recovery of possession after interference.

Question 26

Legal Action

Answer 26

When self-help is not applicable, possessors must seek protection through legal action

Question 27

Restoration Action (State of Facts)

Answer 27

If possession is lost due to violence or secrecy, the possessor can sue to regain possession.

Question 28

Recovery of Ownership (Situation at Law)

Answer 28

Although possession is protected temporarily, the true owner may later bring a recovery action to reclaim the property from the possessor.

Question 29

Acquisitive Prescription

Answer 29

Continued and uninterrupted possession over a certain period can lead to the acquisition of ownership or a property interest, regardless of the original owner's rights.