Breach of Contracts and Damages

Course contents
  • Failures in the conclusion and fulfillment of legal transactions (failures that are fundamental or with regard to defaulting):
    Error and failures of intent
    Initial and subsequent impossibilities
    Defaulting
    Warranty etc.

    Tort law:
    The main features of liability regimes (strict liability and fault-based liability)
    Definition and conditions of claims for damages
    Types of damages (positive damages, full compensation etc.)
    Liability of multiple tortfeasors, duty to mitigate damages
    Individual claims according to tort law

    Burden of proof
    Vicarious liability
    Expert liability
    Employee Liability Act (DHG), Public Liability Act (AHG) and Public Officers Liability Act (OrgHG)

    Duties of supervision and care; liability for innocent infringement; liability for buildings, liability of occupants, animal owners and landowners
    Railway and Motor Vehicle Liability Act (EKHG) and Product Liability Law (PHG)

    Cases are to be reviewed and solved from a legal perspective