Chapter 21: Contractual Harm

BGB

________ § 831: An employer is not liable for unlawful tortious conduct of employee if there was no fault in the selec- tion or supervision of the employee.

damages

The standard common law remedy in contracts as well as torts is _____________- money to make good the loss.

German system

The ________ is most unusual for attempting to regulate the field of a breakdown without relying on a concept of breach.

culpa in contrahendo

Even if there is no contract under German law, the courts would apply the doctrine of________, which also considers the relative fault of the parties

performance of the original obligation

The primary remedy under the German system is _______________________, an obligation that the obligee can convert under certain circumstances in monetary damages.

impossibility and delay

The pillars of the German system are ___________________ in enforcement.

torts

German tort law has no strict rule of the type known in the common law, holding the employer vicariously liable for the ___________ of their employees.