Comparative Analysis Law

Breach of duty

Term Paper , 2012 , 24 Pages , Grade: 1,0

Law - Comparative Legal Systems, Comparative Law

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.

Content

1. Introduction

2. Reasoning
2.1. Tort Law and Negligence
2.2. Proof of Negligence
2.3. Contributory Negligence
2.4. Breach of duty UK
2.4.1. Standard of Care
2.4.2. Reasonable Man Test
2.4.3. General Practice Principle
2.4.4. Consideration of factors
2.5. Breach of duty Germany
2.5.1. Assumption
2.5.2. Premise
2.5.3. Legal Definition
2.5.4. Subsumption
2.5.5. Result
2.6. Conclusion

3. Analysis
3.1. Case Brief Pinchbeck v Craggy Island Ltd
3.2. Case analysis
3.2.1. Degree of care expected
3.2.2. Degree of risk involved
3.2.3. Taking reasonable precautions
3.2.4. Seriousness of harm
3.2.5. Social importance of the situation
3.2.6. Conclusion
3.3. Comparison Germany
3.3.1. Assumption & Premise
3.3.2. Legal definition
3.3.3. Subsumption
3.3.4. Result
3.4. Conclusion

Reference List

Reference List Cases

• College: Anglia Ruskin University (Lord Ashroft International Business School)
• Course: Comparative Business Law
• Grade: 1,0
• Author: Katharina Schoenhoff (Author)
• Publication Year: 2012
• Pages: 24
• Catalog Number: V211291
• ISBN (eBook): 9783656393016
• ISBN (Book): 9783656394686
• Language: English
• Tags: comparative, analysis, breach