Foundations of Business Law
All chapters except Contract Law
All chapters except Contract Law
Fichier Détails
| Cartes-fiches | 135 |
|---|---|
| Utilisateurs | 19 |
| Langue | English |
| Catégorie | Droit |
| Niveau | Université |
| Crée / Actualisé | 21.12.2019 / 06.06.2025 |
| Lien de web |
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Explain the joint venture cycle for a contractual venture
1. Contractual Agreement (simple partnership) between Company 1 + Company 2
2. Sales Agreement between Purchaser and both Companies
Explain the joint venture cycle for an equity venture
1. Contractual agreement (simple partnership) betweeen company
2. Each company posseses 50% of a new company
3. Purchaser concludes Sales Agreement with new company (claim for damage against new company aswell)
Explain the Sales process including a Franchising Agreement
1. McDonald's (Franchisor) concludes Franchising Agreement with Franchisee
2. Franchisee concludes Sales Agreement with Customer
(McDonalds, Subway, Migrolino etc.)
Explain the Sales process including a license Agreement
1. Licensor (patent owner) grants rights to use invention through license agreement to Licensee
2. Licensee concludes Sales Agreement with Customer
What are the General Rules of Tort Law and what is Tort Law's function
General Rules:
- Owner has to bear the risk of accidental destruction or damage (“The risk lies where it falls”)
- Exception based on statutory provisions, jurisdiction or contract: liability of the injuring party
Function of Tort Law:
- Compensation of damage
- Preventive function
- Punitive function (only in common law countries)
- Enable dangerous but useful conduct (e.g. operation of railways)
What are the different Preconditions for a dispute to be tort
- Damage
- Causation (In fact, legal causation)
- Unlawful act
- Fault
1. Damages
What is it general rule ?
Which aspects belong to pecuniary damages
Which aspects belong to punitive damages
-Injuring party must put the injured party in the position it would have been without the tort (without compensation for personal suffering)
- Pecuniary
- Costs for medical treatment
- Expenses for repair
- Loss of earnings
- Punitive
- Only in case of intent or gross negligence
- Not in Civil Law countries
2. Causation
Explain what Causation in Fact is
Explain what Lagal Causation is
In Fact:
Injuring party’s breach of duty must cause the damage/injury; factual matter
Legal:
- The injury must be a legal or proximate consequence of the breach of duty/foreseeability
- Is it fair to hold the defendant accountable for the injury?
Breach of Duty > other event > other event > Accident
Question: is there a connection between the accident and the breach of duty?
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
