Summary
Summary Overview Contract & Tort Law
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Overview of cluster 2, contract and tort law
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1. No Contract So the harm does not result from breach of contract2. Liability Civil law 1. A fault (by tortfeasor) 1. Wrongfullness of the act 1. Infringement of a ri
2. Violation of a statut
3. Violation of an unw
negligence.
- Pure ommisions (no p
2. culpability of the act Usually presumed to b
2. Harm / Damage (to victim) Injury to some interest Material: property, bo
Immaterial: reputation
3. causality between fault and harm (1) Factual causation / condico sine If the act would have h
qua non (c.q.s.n) /
(2) Legal causation / Forseeability / Limitating the extent o
Fault-
attribution
based Common General rules of wronfgullness / 1. Negligence Requirements:
liability Law Torts (where damage and causality 1. Duty of care (so no p
are part of the tort) 2. Breach of that duty
3. Harm as consequen
Standard of behaviour
2. Breach of statutory duty 3. Tresspass (to person
4. Defamation 5. fraud
Damages 1. Punitive (more than
~ Pure ecomic loss aga
Strict liability 1. Liability for torts commited by (1) Usually employers for employees in any form
person (2) Tort has connection to employment
(Common law: Vicarious Liability) (3) Employer gets the damages
2. Liability for harm caused by - Animals and vehicles, between owner and object
objects - Product liability, only tangible. Between manufacturer and cus
Tort Law
Internet Service A platform is not liable for the - Notice of wrongful content and potential takedown
Provider (ISP) content if they are passive, except - After the notice normal liability
Liability when you are aware - Entirely passive
Defences 1. Consent consented to infringement not liable
2. Contributory The damage was caused primarly or reduce of damages
negligence at least partly by the victim
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