In this paper Germany and the United Kingdom are comparatively analysed. The focus
is on breach of duty as a part of negligence whose other aspects will be shortly
illustrated as well.
The aim of the paper is to show the differences between common law and civil law
states by comparing a case that deals with the chosen aspect.
The case that will be analysed deals with an accident in a wall climbing centre. It will be
discussed if the centre acted negligent for omitted instructions to the customer.
It will become clear that even though contributory action of the customer is considered
the club still breached its duty to take reasonable care.
Moreover the English case will be applied under the German procedure. Again, the club
will be held liable for breaching its duty of care.
Based on the analysis of the case under both legal systems the similarities and
differences will be explained.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Reasoning
- Tort Law and Negligence
- Proof of Negligence
- Contributory Negligence
- Breach of duty UK
- Standard of Care
- Reasonable Man Test
- General Practice Principle
- Consideration of factors
- Breach of duty Germany
- Assumption
- Premise
- Legal Definition
- Subsumption
- Result
- Conclusion
- Analysis
- Case Brief Pinchbeck v Craggy Island Ltd
- Case analysis
- Degree of care expected
- Degree of risk involved
- Taking reasonable precautions
- Seriousness of harm
- Social importance of the situation
- Conclusion
- Comparison Germany
- Assumption & Premise
- Legal definition
- Subsumption
- Result
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This paper examines the concept of breach of duty as a component of negligence, contrasting the legal systems of Germany and the United Kingdom. It aims to highlight the differences in how these systems approach the issue through a case study involving an accident in a wall climbing center. The paper explores the degree to which the climbing center can be held liable for neglecting to provide sufficient instructions to a customer, considering both the customer's potential contributory negligence and the club's duty of care. By analyzing the case under both legal frameworks, the paper reveals both similarities and discrepancies in the application of legal principles.
- Comparative analysis of negligence in Germany and the UK
- Breach of duty as a key element of negligence
- The role of case law and statutory provisions in defining breach of duty
- The significance of the "reasonable man" test in assessing negligence
- The concept of contributory negligence
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter establishes the scope of the analysis, focusing on the comparative study of breach of duty in Germany and the UK. It presents the case study of a climbing center accident and highlights the central question of the club's liability for insufficient customer instructions.
- Reasoning: This chapter delves into the theoretical underpinnings of tort law and negligence in both legal systems. It contrasts the UK's common law approach with Germany's civil law approach, focusing on the historical development of the concept of negligence and the specific definitions of breach of duty in each system.
- Analysis: This chapter focuses on a detailed analysis of the case study, "Pinchbeck v Craggy Island Ltd." It examines the relevant legal principles concerning the expected degree of care, the level of risk involved, and the steps taken to mitigate potential harm. It assesses whether the climbing center acted negligently in omitting specific instructions to the customer, considering potential contributory negligence.
- Comparison Germany: This chapter applies the German legal framework to the case study, examining the concepts of assumption, legal definition, subsumption, and the ultimate result. It compares the findings with the UK's legal analysis, highlighting any similarities or discrepancies in the application of legal principles.
Schlüsselwörter (Keywords)
This analysis explores the concept of breach of duty as a part of negligence, specifically focusing on the legal systems of Germany and the United Kingdom. Key themes include comparative law, negligence, tort law, duty of care, reasonable man test, contributory negligence, and case analysis, utilizing the case study "Pinchbeck v Craggy Island Ltd" as an example. The paper also delves into legal frameworks and their application to specific scenarios. These topics are central to understanding the differences and similarities between the two legal systems.
- Citation du texte
- Katharina Schoenhoff (Auteur), 2012, Comparative Analysis Law, Munich, GRIN Verlag, https://www.grin.com/document/211291
