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ABSTRACT: The object of this paper is the tort liability, which represents an important element of the legal relationships. This paper refers at the legal regulation of the tort liability, as well as its scope. This paper also refers at the two types of liability, representing the general liability that we find in the civil law, which is the relation between the tort liability and the contractual liability. This paper also presents the comparison between the tort liability and the criminal liability, as well as the relation between the tort liability and the patrimonial liability specific to the labour law. We shall speak of the types of tort liability and their classification, referring at the hypotheses regulated by the Civil Code and the related legislation, as well as of the criterion of the fundamental principle of liability. KEYWORDS: criminal liability, contractual liability, patrimonial liability, tort liability, unlawful act

The tort liability of teacher qua teacher encompasses a rather narrow ambit and is largely restricted to cases in which it is alleged that the right of the teacher to enforce discipline has been abused and that the teacher is therefore liable in damages for the commission of an intentional tort. The question in such a case is whether the teacher has exceeded, or acted outside the scope of, his privilege.A particular common law concept was developed very early here defining the privilege as one deriving from the fact that the teacher stood in loco parentis,' and the privilege still rests principally on that concept, although the content of the Latin phrase has undergone considerable change. Of course, there are many harms resulting from negligence whose setting is peculiar to schools or which happen with greater frequency in schools. If the teacher is the negligent actor whose conduct or omission to act (where he is under a duty to act) has caused the harm, he can find no special rules to raise in his defense--he no longer stands in the place of the parent, who is not liable to his child for negligent harm. Under the common law, which obtains in the majority of states, the teacher in the case of either intentional or negligent tort is the only defendant against whom the injured plaintiff can proceed, since the school-governing authority for various reasons is clothed with immunity, as an attribute of sovereignty and as a result of the classification of public education as a governmental function, because the courts will not allow the diversion of public proceeds to satisfy tort claims, or because the doctrine of respondeat superior does not apply. In a few states, the school unit may be sued directly or the teacher may transfer the burden of his liability for negligent, but not intentional, acts to the school-governing body if the act has been committed in the course and scope of the teacher's employment. In both common law and statutory jurisdictions the ordinary rules of negligence are said to obtain. As ...

The protective and friendly attitude with which the courts and legislatures have viewed charities is reflected in the rule of nonliability for torts committed by such eleemosynary institutions. The rationales for this exemption may be briefly classified into five main groups. The first and most all inclusive, is the trust fund doctrine based on an early English case and exemplified by the Massachusetts decisions. Under this theory a charitable institution can not be held liable for the negligence of servants and employees or administrative officials.Nor is the court concerned with the status of the plaintiff as beneficiary, employee or stranger. The trust fund can not be diverted from the charitable purposes for which it was intended to compensate for one injured in the execution of these duties.

Abstract. The law of tort serves two main functions: compensation of damage and prevention of damage. During the period of industrialisation in the nineteenth century the law aimed to secure the greatest possible freedom of action for economic operators and required proof of fault. Modern laws recognise the dangers inherent in many economic activities and have increasingly objectivised the notion of fault. In addition, the special risks that attach to certain forms of activity have led to strict liability for harm arising from such activity. Czech law takes a modem approach, and indeed includes a general presumption of fault once it has been shown that damage has resulted from the infringement of a legal duty. The onus is on the tortfeasor to prove that all reasonable care has been taken. Czech law also includes a very general liability for damage caused in the course of business and a num ber of special liabilities. The relationship between the different approaches to liability is not entirely clear. Although other European states are increasing the scope of their laws on strict liability, few national laws are as wide ranging as the Czech law.
Developments at the European level are limited. Greater harmonisation of rules would increase transparency for the consumer. Such legislation and proposals for legislation as exist demonstrate the same trends as are apparent at national level. These trends include: imputation of fault either because of objective ncglect of reasonable care or because of the assumption of an unusual risk; a presumption of unlawfulness where harm to person or property occur; the need for personal capacity to bear responsibility; vicarious liability of employers; recognition of the possibility of contributory negligence.
This convergence of thought is not evident in relation to the law of unjust enrichment, and there are no moves to harmonise the law at the European level. Czech law includes a general principle that enrichment unjustly acquired must be restored. This covers acquisition of both property and other benefits.