Objective unlawfulness of the infliction of damage

  • Purpose: Only those who act objectively wrongly should be liable!

  • Violation of general laws

    • Violation of absolute rights (property, health, freedom, ...)

    • Violation of protective laws

    • Offense against common decency

  • Breach of contractual obligations (Contractual liability)

    • Liability also for pure financial losses

    • Liability for any misconduct of vicarious agents (see causality)

    • Fault is presumed (reversal of the burden of proof)

  • Context of the violation

    • Is the violated norm is intended to protect against precisely such an occurrence of damage