DROI8028-1 : Extra-contractual responsibility

Study Programmes 2015-2016

DROI8028-1

Extra-contractual responsibility

Duration :

20h Th, 10h Pr

Number of credits :

Bachelor in law		3
Master in law, professional focus in law and management		3
Master in law (120 ECTS)		3
Master in law (120 ECTS)		3

Lecturer :

Benoît Kohl

Language(s) of instruction :

French language

Organisation and examination :

Teaching in the second semester

Units courses prerequisite and corequisite :

Prerequisite or corequisite units are presented within each program

Course contents :

This course will concentrate on nonconventional sources of obligations. It will begin with a general introduction in the course of which we will examine questions such as the extent of extra-contractual civil responsibility or liability, the origin, function, and foundations of extra-contractual civil liability and a number of elementary ideas with regard to conflicts between laws in the matter of extra-contractual responsibility or liability. Next, the first part of the course will be devoted to the conditions of extra-contractual civil liability (damages, fault, and causal relationships). Following this, we will analyze liabilities incurred by the action of other persons, or by things, as well as several special regimes regarding liability (particularly article 29bis of the law concerning mandatory automobile insurance and the law concerning liability in cases of defective products). The first part of the course will end with a review of basic rules concerning the laws governing liability insurance. The second part of the course will concentrate on the question of the relationship between contractual liability and extra-contractual liability, particularly on the question regarding what is known as the option for liabilities. Finally, the third part of the course will analyze the law as it pertains to quasi-contracts (business management, unearned payments, profiting without cause).

Learning outcomes of the course :

The objective of this course is to provide students with a general overview of the law as it pertains to private liability, and to make them aware of certain controversies and particular questions, allowing them to solve practical exercises in this domain.

Prerequisite knowledge and skills :

Introduction to private law

Planned learning activities and teaching methods :

A class meeting for practical work will be arranged regarding each of the subjects covered (liability and quasi-contracts).

Mode of delivery (face-to-face ; distance-learning) :

Ex cathedra class meetings, appearances by guest speakers and practical work.