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Lecture 3 Liability law

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Bart Wernaart

on 28 April 2016

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Transcript of Lecture 3 Liability law

Liability Law
Lecture 3
Contractual Liability
Fault based Liability in Civil Law families
Fault based liability
Strict Liability
-Damage to another
*Material damage
*Physical damage
*Financial damage
*Psychological damage (clear link)
-Caused by your action or your product.
-Contractual Liability
-Non contractual liability
Party A
Party B
Obligation (Pay)
Obligation (performance)
Non performance
- Performance (and/or compensation?)
- Compensation
Liability due to non-performance
-Transactional damage
- Because of a described situation
For instance: Malfunctioning of a Laptop within the guarantee period
- Please check: the General Conditions
- Special consumer protection (example: EC product Liability Directive 85/374)
Causation (causal relationship + relativity)
strict liability
Violation of right/
Violation of principle
*Material damage
*Physical damage
*Financial damage
*Psychological damage (clear link)
- Liability without fault
- Because of a described situation
Product liability
Animal liability
Employee Liability
Children Liability
Immovable tangible liability
Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
Product? Art. 2.
Producer? Art. 3.
Strict Liability: Art. 4.
Defect: Art. 6.
Exceptions: Art. 7.
Damage: Art. 9.
Torts in Common Law families
e.g. trespass to the person, trespass to land, nuisance and defamation
Full transcript