Purpose: Only the person who subjectively committed the unlawful act should be liable

Degree of culpability: Slight negligence (careless)

• Misconduct that can happen but should not happen.

Degree of culpability: Gross negligence

• Misconduct that should definitely not happen to an ordinarily careful comparable person.

Degree of culpability: Intent (dolus)

• The tortfeasor considers the occurrence of damage to be seriously possible, and

• The injuring party is at least indifferent as far as the damage is concerned.

• The occurrence of damage does not have to be the main purpose of the tortfeasor’s act.