Economics 3366A/B Study Guide - Quiz Guide: European Court Of Human Rights, Legal Culture, Sealink

• School: Western University
• Department: Economics
• Course: Economics 3366A/B
• Professor: Tai-Yeong

Document Summary

De: much more normative test; if there is discretion, there are more rules: requirement of objective and relevant considerations, constituency with previous decision, in accordance with scope of law; Fr: gross negligence, if it is more about discretion then they don"t look at fault but require gross negligence, not simple fault; Fr: a historic basis for strict liability, from french revolution (1789- declaration of the rights of man and of the citizen); it is regardless of fault; Requirements: measures taken in public interest often burden on individuals; e. g. raising the tax, however, if individual burden is disproportionate to burden of other individuals ( special damage"), then state is strictly liable; De: a special victim rule sanderopfer, similar to the french one. Uk: none; except of: ex grantia payments- not in tort law, cannot be invoked in the court. Strict liability is reflected due to community thinking and solidarity, the legal culture in different countries;