1. LESSON 1. HARMONISATION OF TORT LAW IN EUROPE 1. The harmonisation of Private Law in Europe. 2. Paths to harmonisation: 3. Harmonisation/approximation by Principles. 4. The European Principles of Tort Law (PETL) and the Common Framework of Reference (DCFR).
2. LESSON 2. THE FUNCTIONS OF TORT LAW 1. Compensation and its different meanings. 2. From loss-shifting to loss-spreading. 3. Deterrence of undesirable behaviour? 4. Avoidance of inefficient behaviour?
3. LESSON 3.- THE MAIN EUROPEAN APPROACHES TO TORT LAW 1. The English Approach. 2. The German Approach. 3. The French/Spanish Approach. 4. Other Approaches.
4. LESSON 4. THE PRINCIPLE’S APPROACH 1. The basic Norm. 2. Walter Wilburg’s “Flexible System”. 3. The meaning of “Protected Interests” in a “flexible” system. 4. In particular, the notion of “pure economic loss”.
5. LESSON 5. CAUSATION 1. Causation “in fact” (causation or conditio sine qua non) and causation “in law” (Scope of Liability). 2. Concurrent causes, alternative causes, potential causes. 3. Uncertain partial causation and uncertain causes within the victim’s sphere. 4. Where to place the loss of chance / perte d’une chance doctrine? 5. The scope of liability: criteria.
6. LESSON 6. 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 of children. 5. The “good Samaritan”. 6. The reversal of the burden of proof. 7. Enterprise liability.
7. LESSON 7. STRICT LIABILITY 1. Strict liability for “abnormal dangerous activities”. 2. Other cases of strict liability
8. LESSON 8. 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”.
9. LESSON 9. DEFENCES IN GENERAL 1. Self-defence. 2. Necessity. 3. Self-help. 4. Consent of the victim. 5. Assumption of risk. 6. Lawful authority.
10. LESSON 10. CONTRIBUTORY NEGLIGENCE 1. The so-called “contributory conduct or activity”. 2. Conditions of contributory negligence. 3. Consequences of contributory negligence. 4. Cases of “identification”
11. LESSON 11. MULTPLE TORTFEASORS 1. Relation between the victim and multiple tortfeasors: solidary and several liability. 2. The “internal” relationship between solidary tortfeasors.
12. LESSON 12. DAMAGES IN GENERAL 1. Nature and purpose of damages. 2. Lump sum and periodical payment. 3. Benefits gained through the damaging event (compensatio lucri cum damno). 4. Restoration in kind. 5. The reduction clause.
13. LESSON 13. PECUNIARY DAMAGE 1. Characteristics and determination of pecuniary damage. 2. Pecuniary damage resulting from personal injury and death. 3. Pecuniary damage resulting from destruction or damage to things.
14. LESSON 14. NON-PECUNIARY DAMAGE 1. The great disparity in compensation for non-pecuniary damage in Europe. 2. In particular, the so-called danno biologico and the tariffication for personal injury. 3. The Principles’ approach.
Evaluation will take place according to:
a) Active participation during the classes
b) Oral exposition and opwerpoint 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.