1. LESSON 1. HARMONISATION OF TORT LAW IN EUROPE. 1. The harmonisation of Private Law in Europe. 2. Paths to harmonisation. 3. The European Principles of Tort Law (PETL) and the Draft Common Frame of Reference (DCFR). 4. - The Main European Approaches to Tort Law: the French, the English and the German approaches.
2. LESSON 2. DAMAGE. 1. The distinctions between “damage” and “loss”/ “damages”. 2. Damage as the infringement to a protected interest. 2. Personal injury, damage to property and “pure economic loss”. 3. The protection of new interests.
3. LESSON 3. CAUSATION. 1. Causation “in fact” (factual causation or conditio sine qua non) and causation “in law” (legal causation or scope of liability). 2. Factual causation and how to solve the problems of overdetermination and uncertainty. 3. Proportional causation and loss of chance. 4. Legal causation or scope of liability: problems and possible solutions.
4. LESSON 4. LIABILITY BASED ON FAULT
1. The objective concept of “fault”. 2. The required standard of conduct. 3. The adjustment due to age, mental and physical disability or extraordinary circumstances: “subjective” versus “objective” fault. 4. In particular, the existing European legal systems of liability for damage caused by children. 5. The “good Samaritan”. 6. The reversal of the burden of proof. 7. Enterprise liability.
5. LESSON 5. STRICT LIABILITY
1. - The diifferent approaches in relation to the acceptance of strict liability in Europe: the exception to the general rule. 2. – Main cases of strict liability in the European civil codes and in the Common Law. 3. - Cases of strict liability proposed by the DCFR. 4. The general clause of strict liability for "abnormally dangerous activities" in the PETL.
6. LESSON 6. LIABILITY FOR OTHERS
1. Liability for minors or mentally disabled persons. 2. In particular, the existing European legal systems of liability of parents and other guardians and institutions. 3. Pros and cons of the system adopted by the Principles. 4. Liability for auxiliaries and the case of the “independent contractor”.
7. LESSON 7. DEFENCES IN GENERAL 1. Self-defence. 2. Necessity. 3. Self-help. 4. Consent of the victim. 5. Assumption of risk. 6. Lawful authority.
8. LESSON 8. CONTRIBUTORY NEGLIGENCE. 1. From "all or nothing" to an apportionment of liability. 2. The so-called “contributory conduct or activity” in the PETL. 2. Conditions of contributory negligence: the "mirror image rule". 3. Consequences of contributory negligence. 4. Cases of “identification”.
9. LESSON 9. MULTIPLE TORTFEASORS. 1. Relation between the victim and multiple tortfeasors: solidary and several liability. 2. The “internal” relationship between solidary tortfeasors.
10. LESSON 10. DAMAGES IN GENERAL. 1. Nature and purpose of damages. 3. Restoration in kind and compensation in money. 2. Lump sum and periodical payments. 3. Benefits gained through the damaging event (compensatio lucri cum damno). 5. The reduction clause. 6. Pecuniary-loss: positive damage and loss of earnings. 7. - Non-pecuniary loss: are we converging?
11. LESSON 11. - COMPENSATION FOR PERSONAL INJURY IN EUROPE. 1.-Compensation for death and for personal injury. Evaluation systems. 2. - The main heads of damages in the area of non-pecuniary losses. 3. - The main heads of damage in the area of pecuniary losses.
Evaluation will take place according to:
a) Active participation during the classes
b) Oral exposition and powerpoint presentation of an essai
c) Delivery of the same essai in writting (it must be a written paper, not the powerpoint slides or a short outline of it)
d) Written test in the class-room at the end of the semester consisting in short answers and the development in full of one of the topics studied during the course (length between one to four pages)
Criteris específics de la nota «No Presentat»:
Students who fail to appear to more than 60% of the classes, or who do not make the powerpoint presentation, do not deliver the essai or do not write the final written test will not be able to recieve any grade and will be considered NO-SHOW.