AI and Law I - Lecture 3: AI in Road Traffic. Civil Liability I: Fault Liability

Please also view the Lecture 1 Course for links to all the other lectures. Note: This lecture was used to finish the content of Lecture 2. The cards for that have been moved to Lecture 2.

17 flashcards · Law · by daniel-eder

1. What is the international regulation for (autonomous) driving?

   VCRT - 1968 Vienna Convention on Road Traffic Art 1 requires a "person" as driver. Proposed amendment: allow automated driving systems if in compliance with domestic legislation

2. Autonomous driving regulation in the EU?

   Authorization not yet harmonized EU strategy is being worked on type-approval is harmonized Austria: no automated driving Germany: level 4 permitted under specific circumstances Franzce: level 4 permitted in certain zones/routes

3. What could go wrong with autonomous driving?

   Accidents of autonomous cars malfunction of software or other parts Mistreatment by driver / negligence of keeper potential harm inflicted personal harm = injury damage to property

4. Criminal vs Tort Law?

   Criminal law != tort law! Criminal law = public law tort law = private law law to compensate for civil wrongs NOT arising from contractual obligation = ex delicto

5. What is a common principle of tort law that can be expected to be in place in most jurisdictions (despite no harmonization in the EU)?

   In principle everyone has to bear damages suffered by themselves. Only if certain requirements are met, a damage suffered can be claimed from another person

6. What are the two systems of austrian tort law?

   Fault based liability (ABGB) compensate only if at fault Strict liability compensate independent of fault EKHG (railway and motor vehicles) PHG (product liability)

7. What are the requirements for fault liability in Austria?

   §§ 1293 ff ABGB Compensable Damage Causation Wrongfulness Fault

8. Fault liability: Compensable damage?

   Pecunary damages: always compensable lost profit: only compensable if caused grossly negligent and between entrepreneuers immaterial damages: only compensable if provided explicitly by law, e.g § 1325: pain due to bodily injury

9. Fault liability: Causation?

   Defendant's action must be conditio-sine-qua-non -> There would be no harm but for the defendent's action

10. Fault liability: Wrongfulness?

    Violation of: contracts absolutely protected rights protective laws duties to protect against risks one has established

11. tort law vs contractual damages?

    § 1295 ABGB claim of compensation from damaging party can be claimed independent if the damage is caused by breach of contractual obligation, or without a contractual relationship

12. Fault liability: Fault?

    Requires subjective capability of being at fault Degrees of Fault: Malice gross neglicence slight neglicence for experts: objective standards as per § 1299 ABGB

13. Subjective capability of being at fault?

    individuals > 14 years partial for minors of 7-14 years no liability for actions resulting from mental illness legal entities (+ their organs)

14. Fault - Burden of Proof

    General rule: Claimant must proof all facts establishing her claim, including respondent's fault For contractual damages: reversal of the burden of proof, § 1298 ABGB

15. Contractual liability for servants

    § 1313a ABGB if principal uses servant to fulfil contract -> principal is liable for acts of servant requires, as usual for fault liability: compensable damage causation wrongfulness fault

16. Tort liability for servants

    § 1315 ABGB Principal only liable for servants if dangerous servant or incapable servant and principle knows of this

17. Prescription of claims for damages

    § 1489 ABGB time limit of 3 years starting at the time when the damaged party knew of the damage and the damaging party time limit of 30 years if damaged was not aware of damage or damaging party or if the damage had been caused by one or more criminal actions which can only be committed intentionally and are subject to imprisonment for more than one year