1 TÀI LIỆU HỖ TRỢ HỌC TẬP KHÓA 44 MÔN: Comparative Tort Law (Luật bồi thường thiệt hại ngoài hợp đồng so sánh) SESSION 2 - YEAR 2022 – 2023 2 TABLE OF CONTENTS PART 1: DETAILED PLAN CONTENT CHAPTER 1: THE CONCEPT AND MEANING OF LIABILITY TO COMPENSATE FOR NON-CONTRACTUAL DAMAGE CHAPTER 2: GROUNDS FOR LIABILITY TO COMPENSATE FOR DAMAGE NON-CONTRACT AND CASE OF NOT RESPONSIBLE FOR DAMAGES CHAPTER 3: PRINCIPLES OF COMPENSATION FOR DAMAGE CHAPTER 4: TYPES OF RESPONSIBILITIES FOR LIABILITY TO COMPENSATE FOR NON-CONTRACTUAL DAMAGE CHAPTER 5: DETERMINATION OF COMPENSATORY DAMAGES CHAPTER 6: FORM AND METHOD OF COMPENSATION CHAPTER 7: LIABILITY CAPACITY FOR COMPENSATION AND DETERMINATION OF COMPENSATION BENEFICIARIES CHAPTER 8: STATUTE OF LIMITATIONS FOR INITIATING LAWSUITS CHAPTER 9: SPECIFIC CASES OF COMPENSATION FOR DAMAGE (I) CHAPTER 10: SPECIFIC CASES OF COMPENSATION FOR DAMAGE (II) CHAPTER 11: SPECIFIC CASES OF COMPENSATION FOR DAMAGE (III) CHAPTER 12: SPECIFIC CASES OF COMPENSATION FOR DAMAGE (IV) PART 2: THEORETICAL ISSUES AND EXERCISES PART 3: LIST OF REFERENCES 3 COURSE MATERIALS : COMPARATIVE TORT LAW 2nd TERM - YEAR 2022– 2023 PART I: DETAILED PLAN 1. Subject Title: Comparative tort law 2. Number of credits: 30 credits (including 20 theoretical periods and 10 discussion) 3. Course Objectives This module introduces the students to the basic principles of tort in the world.
Students would learn of torts especially negligence, the rules underlying enforceable torts, relationships, tort relations such as capacity of individuals for liability to compensate for damage, damages in some special cases, negligence, fault, causation, strict liability, limitation of liability, third party liability, non-pecuniary damage, pecuniary damage, liability for medical malpractice, kind of damage, and duty of care. About Knowledge: Introduce the principles of law relating to Tort law; Learn the general theory of Tort Law, the concept and meaning of liability to compensate for non-contractual damage, grounds for liability to compensate for damage non-contract and case of not responsible for damages, principles of compensation for damage, types of responsibilities for liability to compensate for non-contractual damage, determination of compensatory damages, form and method of compensation, liability capacity for compensation and determination of compensation 4 beneficiaries, statute of limitations for initiating lawsuits, specific cases of compensation for damage. About skills: Understand the general aspect of Tort law Distinguish between contractual damages and non-contractual damages Understand principles of compensation for damage, types of responsibilities for liability to compensate for non-contractual damage, determination of compensatory damages. About attitude: A student of tort studies is required to know the environment in which the law would operate.
Indispensable among them would be the knowledge on the legal environment. Particularly, the knowledge on the principles of tort. This Module would help the students to mould their understanding of the other tort principles in a legal environment. Teaching Methods: Consultation (explaining the specific situation, identifying the legal problem, solving the legal problem (based on texts, laws, case law and practices), drawing the concrete consequences of their reasoning for the case in question).
Commentary on a court decision (a judgment, an order, a ruling). Dissertation, end-of-study dissertation (delimit the subject, determine the interest of the subject with regard to current legal, social, political, historical, practical, theoretical interest). Evaluation: Assessment components Course (include either a 50% report, essay, case study, project or presentation, individual test) Final exam 50% 6 6. Course contents: CHAPTER 1: INTRODUCTION TO COMPARATIVE TORT LAW Lecturing hours: 1 Tutorial hour : 1 1.1 Concepts A tort is a civil wrong that causes harm to another person : intentional, accidental, or negligent (Non-contractual damages).
Compensation for both physical damage and mental loss. In Germany, the heart of those rules in their entirety (Haftungsrecht) is the law of delict with diverse instances of strict liability, product liability including liability for medical drugs. § 823 Schadensersatzpflicht (1) Wer vorsätzlich oder fahrlässig das Leben, den Körper, die Gesundheit, die Freiheit, das Eigentum oder ein sonstiges Recht eines anderen widerrechtlich verletzt, ist dem anderen zum Ersatz des daraus entstehenden Schadens verpflichtet. (2) Die gleiche Verpflichtung trifft denjenigen, welcher gegen ein den Schutz eines anderen bezweckendes Gesetz verstößt.
2Ist nach dem Inhalt des Gesetzes ein Verstoß gegen dieses auch ohne Verschulden möglich, so tritt die Ersatzpflicht nur im Falle des Verschuldens ein. All injuries and other wrongs give rise to a remedy. The main principle in French tort law is that of fault; Vicarious liability and strict liability have developed to address damage caused by products, machines, and the actions of agents or employees1. Article 1240 Tout fait quelconque de l'homme, qui cause à autrui un dommage, oblige celui par la faute duquel il est arrivé à le réparer.
1 See more: Article 1382 of the French Civil Code that “any act of man, which causes damages to another, shall oblige the person by whose fault it occurred to repair it”. Three elements are necessary to engage liability: a fault, a damage, a causal link between the two.org/files/730_introduction_to_french_tort_law. French tort law is governed by “La responsabilité extracontractuelle (Articles 1240 à 1252)”, https://www.fr/codes/article_lc/LEGIARTI000032041571/2023-01-01. 7 Article 1241 Chacun est responsable du dommage qu'il a causé non seulement par son fait, mais encore par sa négligence ou par son imprudence.
In USA Tort law does not have an established statute. It has emerged from the decisions given in different case laws. Intentional Torts: Wrongful injury to a person or a person’s property. Caregories: intentional torts.
Negligence, strict liability. Tort Crime Goal: Compensation Punishment Source of law: common law Statutory law In Vietnam, Chapter XX defines the liability for Compensation for Non- Contractual Damages (Art 584 to Art 608) ; Law on consumer protection 2010. Case law: Judgment No. 62/2010/DSPT in Gia Lai province.
Nga sued defendant Mr. Truc about Mr. Truc's dog biting his right calf. “1) Damages The purpose of the law of torts is to compensate the victim.
In negligence cases, damages are the only remedy. The purpose of awarding damages in tort is to put the victim in the same position as if the wrong that has been committed against him has not occurred. It is for the judge to determine the quantum of compensation depending on multifarious factors. Such damages include compensation for pain and suffering, loss of consortium, loss of expectation of life, future possible earnings.
Special damages are either ascertained or ascertainable. The judge may require only proof of the genuineness of the material evidencing the loss since the loss is specific and ascertained or ascertainable to a degree of certainty. A Tort is a Civil Wrong It is not a crime; but neither is it a breach of contract. 2 “The court also established the doctrine of ‘strict liability’, under which the defendants were held liable.
The requirements for the application of the doctrine of strict liability: The defendant must have brought something on his land, Non-natural use of land, …”.in/top-10-tort-law- cases/#Donoghue_v_Stevenson_1932. 8 A single conduct may be a tort and a crime, e. in a road accident. At times, a conduct may be both a tort and a breach of contract, e.
misrepresentation when entering into an agreement. The basic purpose of tort law is to put the victim/plaintiff as far as possible to the position where he might have been if the tort were not committed. UNITED STATES TORT LAW The elements of most intentional torts follow the same pattern: intent, act, result, and causation.2 Meaning First: The liability to compensate for damage outside the contract is aimed at restoring it to its original condition. Second: The responsibility to compensate for damage outside the contract educates the sense of law observance and respect for the legitimate rights and interests of other subjects.
Thirdly: The purpose of protecting property, life, health, honor, dignity, reputation, rights and legitimate interests of the liability to compensate for non-contractual damage is expressed through the forced economic impact. the person responsible for compensation must pay compensation for the damage. 2) Injunction Sometimes where harm is expected, it may be more suitable to get a court to order the equitable remedy of injunction instead of damages. It means a direction of the court to a person to do or not to do a certain act.
Since it is an equitable remedy the court has discretion o grant or refuse this remedy. 9 CHAPTER 2: GROUNDS FOR LIABILITY TO COMPENSATE FOR DAMAGE NON-CONTRACT AND CASE OF NOT RESPONSIBLE FOR DAMAGES Lecturing hours: 1 Tutorial hour : 1 2.1 For damage caused by people According to Clause 1, Article 584 Civil Code 2015, Article 584. Grounds for liability to compensate for damage “1. A person who infringes upon the life, health, honor, dignity, reputation, property, or other lawful rights or interests of another person and thereby causes damage shall pay compensation, unless otherwise prescribed by this Code or other relevant laws”.
First: There must be actual damage Second: It is illegal to commit acts of causing damage Third: There must be a causal relationship between the illegal act causing the damage and the actual damage. Note on the role of the elements fault: Clause 1, Article 604 Civil Code 2015 Article 604. Compensation for damage caused by sources of extreme danger “1. Sources of extreme danger include motorized means of transport, power transmission systems, operating industrial factories, weapons, explosives, inflammables, toxics, radioactive substances, wild beasts and other sources of extreme danger as prescribed by law.
The owner of a source of extreme danger shall operate, use, preserve, guard and transport the source of extreme danger in accordance with law.2 For property damage In addition to the provisions on compensation for human-caused damage, the 2015 Civil Code also has general provisions on compensation for damage caused by property. Specifically, Clause 3, Article 584 of the 2015 Civil Code stipulates: "3. If a property causes damage, its owner or possessor shall compensate for damage, except for the damage caused in the case prescribed in Clause 2 of this Article”. This is a general rule that applies to all types of property that cause damage.
Here, to give rise to liability for damage, the first condition is that the damage must exist in 10 reality, followed by the damage caused by the property. When these conditions are met, the owner or possessor of the property is liable for damages.3 Cases where compensation is not required Where the damage occurs due to legitimate defense; damage caused by an emergency situation; damage caused by force majeure events; The damage occurred entirely through the fault of the aggrieved party. In the case of damage caused by a force majeure event, it is completely understandable that the nature of the force majeure event is to exclude liability in general. Accordingly, a force majeure event is understood as an event that occurs objectively, which cannot be foreseen and cannot be remedied even though all necessary and permissible measures have been applied (Clause 1, Article 156 Civil Code 2015).
For the case, the person causing the damage is not responsible for compensation for the damage. 11 CHAPTER 3: PRINCIPLES OF COMPENSATION FOR DAMAGE Lecturing hours: 1 Tutorial hour : 1 The first principle: Actual damage shall be compensated fully and in time. Principles of compensation “1. Actual damage shall be compensated fully and in time.
Parties may reach agreement on the compensation level, the form of compensation either in cash, in kind, or by performance of a task, and on the method of compensation either in lump sum or in installment, unless otherwise prescribed by law.” The second principle: Allowing to reduce the amount of compensation when there is no fault or unintentional fault causing damage (Clause 2, Article 585 Civil Code 2015). A person liable to compensate for damage may enjoy a reduction of the compensation level if he/she is not at fault or unintentionally causes the damage and the damage is too big as compared to his/her financial condition.