Private - Tort Law

Tort law

part of private law determining the circumstances and conditions under which someone accounts for the harm suffered by a victim (with whom they held no contractual relationship?
commonly: perpetrator of the harm must compensate the victim (the non-voluntary creditor)

The loss rests where it falls

Acquilian liability (“fault liability”)

liability for fault

requirements

• fault (intentionally or negligently) / breach of duty of care

• damages

• causal link between the two

Simple causal liability (“strict liability”)

liability for damages caused by another’s fault?
includes vicarious liability

Aggravated causal liability

Focus of civil v. common law

civil law focus on full compensation of victim
common law focus on punishment of tortfeasor & deterrence of potential tortfeasors

Exculpation

Burden of proof

for fault liability, for compensation: generally, the victim (“plaintiff”) must produce the evidence in support of claim
for strict liability:

Learned hand formula in US law