Podcast
Questions and Answers
What qualifies as a foreign cause in civil liability?
What qualifies as a foreign cause in civil liability?
- An event unrelated to the person responsible. (correct)
- An event that the responsible party could have prevented.
- An event directly resulting from the actions of the liable party.
- An event caused by negligence of the responsible party.
Which of the following is NOT a criterion for the force majeure exoneration?
Which of the following is NOT a criterion for the force majeure exoneration?
- Irresistibility
- Unforeseeability
- Externality
- Insurmountability (correct)
Under what circumstance can the act of a third party exonerate a responsible party?
Under what circumstance can the act of a third party exonerate a responsible party?
- If it involved multiple parties in the contract.
- If the act was external, unforeseen, and irresistible. (correct)
- If it was anticipated by the responsible party.
- If the responsible party failed to take precautionary measures.
What condition must be met for the victim's act to completely exonerate the responsible party?
What condition must be met for the victim's act to completely exonerate the responsible party?
Which example best illustrates force majeure?
Which example best illustrates force majeure?
What happens if any of the criteria for exoneration due to a third-party act are missing?
What happens if any of the criteria for exoneration due to a third-party act are missing?
How is the seriousness of the victim's fault assessed in a liability case?
How is the seriousness of the victim's fault assessed in a liability case?
What does the term 'irresistibility' refer to in the context of force majeure?
What does the term 'irresistibility' refer to in the context of force majeure?
Flashcards
Foreign Cause
Foreign Cause
An event that breaks the chain of causality between the act causing liability and the damage, meaning the responsible party may not be held liable.
Force Majeure
Force Majeure
An unpredictable, uncontrollable, external event that is the sole cause of the damage, absolving the responsible party of liability.
Third-Party Act
Third-Party Act
An action by a person other than the responsible party and not involved in the situation, causing the damage.
Victim's Act/Fault
Victim's Act/Fault
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Externality
Externality
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Unforeseeability
Unforeseeability
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Irresistibility
Irresistibility
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Complete Exoneration
Complete Exoneration
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