Law 3101A/B Study Guide - Quiz Guide: Supreme Court Of The Netherlands, The Coca-Cola Company, Ex-Ante
16 Oct 2018
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Department
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Professor
UNLAWFULNESS – CIVIL LAW
- civil law: - jurisdictions specify what counts as unlawful act
- protects individual rights against intentional and negligent violations
Cellar Hatch Case
judgement: - Dutch Supreme Court: employee is to blame for negligence
(he didn’t take sufficiently precautionary measures)
-> Coca Cola company was liable for damages of their employee
(ex ante determination – with an eye on future cases)
General rules of thumb: -> the higher possibility of accident – the higher standard of
precautionary measures of danger must be
(higher possible risk – higher standards of care)
- not relevant weather specific danger was foreseeable
- ex ante determination
LAW AND EFFICIENCY (Faehigkeit)
Ex post: - judge considers weather breach of duty or unlawfulness violated unwritten
standard after the damage was brought about
- determination of liability only looks back on facts as they occurred to establish
weather damages should be shifted from victim to tortfeasor
(tortfeasor should have been more careful, should have known)
- only focuses on best allocation of existing damages
Ex ante: - provides best results for a case + all future cases
- law focuses on prevention or minimisation of future damages
Efficiency: - standard to determine which rules are the best (costs min. – ex ante)
