Damages - Claims and Prerequisites

  • Claim: Who can demand what from whom?

    • Claimant: Injured party

    • Defendant (tortfeasor): Injuring party

    • What claim will the injured party make?

  • Prerequisites for a claim for damages

    • The damage itself (Definition)

    • Causality of the tortfeasor (defendant, injuring party) for the damage

    • Objectively unlawful conduct of the tortfeasor

    • Culpability of the injuring party (neglegance, intent)