Importance of Modernizing Tort Law
Tort law, a crucial aspect of legal systems, governs civil wrongs aside from breach of contract. Modernizing this area is imperative to address evolving societal needs and enhance victim protection. However, challenges like legal traditions and resistance to change hinder progress. Key issues include preconditions of civil liability, compensation mechanisms, and harmonizing legal frameworks within the EU.
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Presentation Transcript
Mg.iur. Jnis Kubilis PhDStudent (UniversityofLatvia) Attorney atMagnussonLawFirm 19 May 2014
What is tort law? Why modernisationis important? What stands in the way? Some particular issues Conclusions
A civil wrong, other than breach of contract, for which a remedy may be obtained in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another Black's Law Dictionary A body of rights and obligations concerning legal relations arising out of a tort (civil liability for a tort)
Functions of Tort Law Compensation Deterrence et al. Basic norm in Civil Code of Latvia Every tort, that is, every wrongful act per se, as a result of which harm has been caused (also non- pecuniary damage), shall give the victim the right to claim satisfaction from the infringer, insofar as he or she may be held liable for such act
New torts legal framework needs to be adjusted Discrepancies within the existing legal system Harmonisationwithin EU sharing the concepts, experience More extensive and efficient protection of the victims
Legal traditions Legislative procedure Lex specialisin specific areas Unwillingness to change Case law and doctrine Polemics on new concepts
Preconditions of civil liability Strict liability and fault-based liability Terminology Causation and foreseeability of damage Concept of fault Concept of misconduct
Pecuniary and non-pecuniary damage Policy approach Determining the amount Joint and several liability for damage Shifting the onus probandi Personal injury and wrongful death claims Professional liability
Civil liability is intended to provide the person who has suffered damage an effective remedy and to prevent the risk of damage in advance or to deter etc. Enhanced legal framework may serve to ensure: safe environment around us minimization of foreseeable risks liability insurance an efficient protection of the victim in case damage is caused et al. Modernisation involves dealing with issues of national tortlaw and harmonisation of tortlaw at EU level
