Negligence and Responsibility in Road Traffic
Ingeborg Puppe - The European Journal of Crime, Criminal Law and Criminal Justice 2/2003 (Revised Version 2016)
15 Pages Posted: 9 Mar 2016 Last revised: 13 Apr 2016
Date Written: March 9, 2016
For the legal imputation of a damage caused by a wrongful act it is not enough that the act as a whole is causal for the damage. Three further preconditions are required: At first, the wrongful aspects of the act must appear in the causal explanation of the result as necessary elements. That means that all aspects of the situation and of the behavior of the defendant which are necessary to show that his behavior contradicts the special norm of care have to appear in this causal explanation (causation of the wrongful aspects). Second, the causal chain which connects the wrongful act with the result must consist of wrongful states of affairs (requirement of continuity, realization of the illicit risk). At last, the obedience of the norm of care must be generally apt to prevent a causal process of that given kind and not only by chance in the single case (fulfillment of the purpose of the norm).
Keywords: objective imputation of a damage, avoidability of the harm, causation of the wrongful aspects, requirement of completeness, requirement of continuity, realization of the illicit risk, fulfillment of the purpose of the norm
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