Flashcards on Introduction to European Private Law
Introduction to European Private Law: Student Guide
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Tort Liability in Europe
237 cards
Card 1
Question: What are the two basic components that tort law defines as bases for liability?
Answer: Damage and an unlawful act (expressed either as unjust damage or via protection of specific interests like life, health, property).
Card 2
Question: What choices does tort law make about the basis of liability?
Answer: It chooses between fault-based liability and objective grounds (e.g. ownership or control of dangerous activity) and clarifies causal link requirement
Card 3
Question: Which types of losses does tort law determine can be recovered?
Answer: Economic and non-economic losses.
Card 4
Question: What common defences exist in tort law?
Answer: Consent, assumption of risk, and contributory fault.
Card 5
Question: What are the primary legal sources for tort law in Europe?
Answer: Mainly national legislation (general clauses and specific regimes), plus EU instruments for cross-border cases (e.g. Rome II) and sectoral EU regimes
Card 6
Question: What does the Rome II Regulation govern in tort cases?
Answer: It is the EU private international law rule for cross-border torts determining applicable law (main rule Art. 4 and product-specific rule Art. 5).
Card 7
Question: Under Rome II general rule (Art. 4), which law applies to a tort claim?
Answer: The law of the country where the damage occurs, regardless of where the event causing it or indirect consequences occurred.
Card 8
Question: How does Rome II treat product liability differently (Art. 5)?
Answer: Applicable law is the law of the country where the product was marketed, provided that country is also where the victim has habitual residence, or the
Card 9
Question: Is general tort law harmonised at EU level?
Answer: No. General tort law remains primarily national; the EU intervenes only in specific sectors where harmonisation serves the internal market or EU polic
Card 10
Question: Name examples of areas where the EU has created tort-like liability regimes.
Answer: Liability of EU/MS institutions (Art.340(2) TFEU), defective product liability (PLD/Reg. 2024/2853), antitrust damages (Directive 2014/104/EU), GDPR d