Slides + read w4

Juridical act

Juridical fact

Juridical act = action aimed at achieving a legal effect attributed by law (e.g., contracts, wills).

Juridical fact = occurrence, status, or act that creates legal effects irrespective of intent (e.g., birth, death, torts).

Default Rule of Private Law

Tort

Default Rule of Private Law: Everyone bears their own damages unless the law provides an explicit exception, such as a tort.

Tort = a civil wrong that causes someone to suffer loss, harm, or injury, making the wrongdoer legally liable

A tort establishes a legal obligation to repair damage (compensation).

Tort law

a body of civil law that allows someone who is hurt or suffers a loss due to another person's action or carelessness to sue for money or other relief

Tort Liability (Article 6:162 NCC)

6:162(1) Cumulative Conditions for Tort Liability

Tort Liability (Article 6:162 NCC)

6:162(2) Criteria for an Unlawful Act

6:162(3) Attribution to the Tortfeasor

Types of Liability

Example

The Cellar Hatch Case (1965)

Chapter 8: Private Law Liability for Faulty ICT

How private law liability applies to defective software, automated systems, data processing violations, and cyber-harms. It bridges basic private law doctrines with data protection rules and emerging digital torts

Contractual vs. Non-Contractual Liability

The Default Rule of Private Law

Fault Liability vs. Strict Liability

Vicarious Liability

Core Foundations Applied to ICT

Private Law, Supranational, Data Protection

Tort Law Framework in the European Context

Third-Party Liability, Privacy Harms, and Cyber Torts

Liability vs. Accountability

Traditional liability law assumes someone decided to act or failed to take reasonable care.

What happens when no individual human made the harmful decision?

Two Tracks

Sources of law for AI liability

Tort law is national

Liability

Fault-based vs. Strict

AI-specific Liability Issues

Summarised

What does ‘reasonable care’ mean for an AI developer?

Contributory fault

The revised Product Liability Directive (2024)

Burden of Proof Reform

What the revised PLD covers and what it does not cover

Accountability Mechanisms: AI Act

Automation Bias

Limits of ‘human-in-the-loop’