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Foundations of Business Law

All chapters except Contract Law

All chapters except Contract Law

Kartei Details

Karten 135
Lernende 17
Sprache English
Kategorie Recht
Stufe Universität
Erstellt / Aktualisiert 21.12.2019 / 28.05.2023
Lizenzierung Keine Angabe
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3. Fault

What is the definition of fault

Explain the meaning of negligence

- "Any deviation from prudence or duty resulting from inattention, incapacity, perversity, bad faith, or mismanagement”

> Any wrong doing commitet out of negligence (Vernachlässigung) or intent

- Negligence: Failure to exercise the standard of care that a reasonable person would have been able to

> gross negligence: failure to exercise basic and simple precautions

List the main defenses that the defendant of the person at fault might give

- Contributory negligence:

  • Plaintiff failed to take reasonable care for his safety or property
  • Both plaintiff and defendant are negligent > damage proportionally reduced

- Voluntary assumption of Risk:

  • Plaintiff assumes risks linked to a certain activity such as football > liability excluded

- Self defense

-Consent of the plaintiff


Explain the different forms of strict liability

- Liability wihtout fault: "wrongdoer" liable without fault

- Strict liability for dangerous activity: operator of nuclear plant, property owners etc.

- Strict liability with reversal of evidence: liable person may provide evidence that he acted diligently (fleissig, sorgefältig)

-Strict liability without proof of care/diligence: Exception: liability without possibility of such evidence

What is the general rule of vicarious liability

List some exceptions to the genral rule

- liability is based on the individual fault of the injuring party

  • someone may be held responsible for the injuries of a third party, such as an employee > close relationship
  • Precondition is that the employee committed the injury in the course of the work for his employer
  • a form of strict liability
  • Swiss law: employer may proof that he has chosen, instructed, supervised the employee with due care

Explain the term Product liability

Why is it important

  • Proof of negligence of the manufacturer
  • Liability based on contract v. liability based on tort

important for:

  • Any company manufacturing products
  • High liability exposure
  • Implementation of processes to avoid production of defective products/product monitoring

Explain the steps of a product liability cycle

1. Sales agreement between Manufacturer and Importer

2. Sales agreement between Importer and Seller

3. Sales agreement between Seller and Customer

4. e.g. Product Defect > Customer has a claim based on warranty against Importer and Manufacturer (not Seller)

What is the role of Insurance in a tort case

What is the role of contract law in a tort case


- payment in case of claims

- Injured party may claim damages based on contract or tort

  • Waiver of liability in contracts

  • Disadvantage if claim based on tort