Mg.iur. Jānis Kubilis PhD Student (University of Latvia) Attorney at Magnusson Law Firm 19 May 2014

 What is tort law?  Why modernisation is important?  What stands in the way?  Some particular issues  Conclusions

 A civil wrong, other than breach of contract, for which a remedy may be obtained in the form of damages; a breach of a duty that the law imposes on persons who stand in a particular relation to one another Black's Law Dictionary  A body of rights and obligations concerning legal relations arising out of a tort (civil liability for a tort)

 Functions of Tort Law  Compensation  Deterrence et al.  Basic norm in Civil Code of Latvia  Every tort, that is, every wrongful act per se, as a result of which harm has been caused (also non- pecuniary damage), shall give the victim the right to claim satisfaction from the infringer, insofar as he or she may be held liable for such act

 New torts – legal framework needs to be adjusted  Discrepancies within the existing legal system  Harmonisation within EU – sharing the concepts, experience  More extensive and efficient protection of the victims

 Legal traditions  Legislative procedure  Lex specialis in specific areas  Unwillingness to change  Case law and doctrine  Polemics on new concepts

 Preconditions of civil liability  Strict liability and fault-based liability  Terminology  Causation and foreseeability of damage  Concept of fault  Concept of misconduct

 Pecuniary and non-pecuniary damage  Policy approach  Determining the amount  Joint and several liability for damage  Shifting the onus probandi  Personal injury and wrongful death claims  Professional liability

 Civil liability is intended to provide the person who has suffered damage an effective remedy and to prevent the risk of damage in advance or to deter etc.  Enhanced legal framework may serve to ensure:  safe environment around us  minimization of foreseeable risks  liability insurance  an efficient protection of the victim in case damage is caused et al.  Modernisation involves dealing with issues of national tort law and harmonisation of tort law at EU level