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European Tort Law$
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Cees van Dam

Print publication date: 2013

Print ISBN-13: 9780199672264

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199672264.001.0001

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Intention and Negligence

Intention and Negligence

Chapter:
(p.225) 8 Intention and Negligence
Source:
European Tort Law
Author(s):

Cees Van Dam

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199672264.003.0008

This chapter discusses the requirements of intention and negligence. Liability can exist for both intentional and negligent conduct. These are the two bases for fault liability, which is usually opposed to strict liability. The chapter is organized as follows. Section B considers the liability for intentional conduct. It analyzes the role that liability plays for intentionally inflicted harm in France, Germany, and England. Sections C and D examine the key role of negligence in the various jurisdictions in establishing liability. The focus is on the negligent conduct (balancing the risk and the precautionary measures), and then on the negligent person (assessing the required knowledge and ability).

Keywords:   tort law, fault liability, France, Germany, England, intentional conduct, negligent conduct, negligent person

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