Economics 3366A/B Study Guide - Quiz Guide: Special Relationship, Tort, Anonymity
23 Sep 2020
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England = duty of care, assessed by precedent, general principle (donoghue case), caparo test only for novel cases (i. e. no precedent and no principle) Before assessing whether the defendant acted as a reasonable person, the duty of care must be established. Germany = violation of a codified normative rule and unlawfulness. 823 ii: breach of a statutory duty. France: no specific, but hidden in fault, damage and causation. Control mechanisms are sued to manage problematic areas (i. e. omissions. Problematic areas: liability for omission, liability of public bodies, liability for mental harm, liability for pure economic loss. Not problematic situation = someone actively caused foreseeable personal injury or property loss. En = duty of care can be based on general principle of donoghue case. De = 823 i bgb, an active infringement of a right is automatically unlawful. Fr = not discussed, since strict liability rules apply (art. Act = putting the product into circulation.
