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gefahrensatz

English translation: Tort Liability

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:gefahrensatz
English translation:Tort Liability
Entered by: gwolf
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06:59 Mar 30, 2001
German to English translations [Non-PRO]
Bus/Financial - Law (general)
German term or phrase: gefahrensatz
Dieses Rechtsprinzip wird gemeinhin als 'Gefahrensatz' bezeichnet.

Der Gefahrensatz leitet sich ab von der Verkehrssicherungspflicht einerseits und der Produktebeobachtungspflicht andererseits.
Howard
Tort Liability
Explanation:
Maybe this will help you:

The basic Swiss provision on tort liability is set forth in article 41 of the Code of Obligations. According to this provision, anyone who unlawfully causes injury to other persons, whether intentionally or negligently, shall be held liable.


In connection with liability of a manufacturer for defective products, it is important to note that based on article 41 of the Code of Obligations, the Swiss Federal Supreme Court provides for a general duty on a person creating or maintaining a potentially dangerous situation to take appropriate measures aimed at preventing injuries (Gefahrensatz). Any infringement of this general duty is considered as constituting an unlawful act. This is of particular importance in connection with product liability cases, since the putting into the stream of commerce of a defective product that although being appropriately used causes injury will normally be considered as fulfilling the requirement of “unlawfullness”.


In applying the so-called doctrine of the Gefahrensatz, the Swiss Federal Supreme Court has ruled that those who intentionally market products which are not inherently risk free and who thereby create a potential source of danger have to put in place the necessary protective measures, in particular sufficient instructions or warnings of the existence of such dangers. In Swiss law, violation of these duties by the manufacturer or seller is considered to constitute a product defect due to a failure to warn or instruct

Here is the search link for more info:

http://themis.wustl.edu/ibll/Prodliabhtml/Switzerl.htm


Selected response from:

gwolf
Local time: 20:03
Grading comment
Thank you for the background. A difficult one to condense into two words!
4 KudoZ points were awarded for this answer

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Summary of answers provided
naproper warning [clause]Annie Robberecht, C. Tr.
naTort Liabilitygwolf
narisk statute/risk bylawxxxlone


  

Answers


19 mins
risk statute/risk bylaw


Explanation:
Satzung = statute
Gefahr = risk/danger/trouble


    Routledge German Dictionary of Business and Finance
xxxlone
Canada
Local time: 20:03
Native speaker of: Danish

Peer comments on this answer (and responses from the answerer)
Ulrike Lieder

Michaela Sommer
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3 hrs
Tort Liability


Explanation:
Maybe this will help you:

The basic Swiss provision on tort liability is set forth in article 41 of the Code of Obligations. According to this provision, anyone who unlawfully causes injury to other persons, whether intentionally or negligently, shall be held liable.


In connection with liability of a manufacturer for defective products, it is important to note that based on article 41 of the Code of Obligations, the Swiss Federal Supreme Court provides for a general duty on a person creating or maintaining a potentially dangerous situation to take appropriate measures aimed at preventing injuries (Gefahrensatz). Any infringement of this general duty is considered as constituting an unlawful act. This is of particular importance in connection with product liability cases, since the putting into the stream of commerce of a defective product that although being appropriately used causes injury will normally be considered as fulfilling the requirement of “unlawfullness”.


In applying the so-called doctrine of the Gefahrensatz, the Swiss Federal Supreme Court has ruled that those who intentionally market products which are not inherently risk free and who thereby create a potential source of danger have to put in place the necessary protective measures, in particular sufficient instructions or warnings of the existence of such dangers. In Swiss law, violation of these duties by the manufacturer or seller is considered to constitute a product defect due to a failure to warn or instruct

Here is the search link for more info:

http://themis.wustl.edu/ibll/Prodliabhtml/Switzerl.htm





    Google Search see above
gwolf
Local time: 20:03
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 7
Grading comment
Thank you for the background. A difficult one to condense into two words!
Login to enter a peer comment (or grade)

5 hrs
proper warning [clause]


Explanation:
In applying the so-called doctrine of the Gefahrensatz, the Swiss Federal Supreme Court has ruled that those who intentionally market products which are not inherently risk free and who thereby create a potential source of danger have to put in place the necessary protective measures, in particular sufficient instructions or warnings of the existence of such dangers. In Swiss law, violation of these duties by the manufacturer or seller is considered to constitute a product defect due to a failure to warn or instruct

gefahrensatz = measures aimed at preventing injuries


    Internet, Oxford German Dictionary
Annie Robberecht, C. Tr.
Local time: 02:03
Native speaker of: Native in FrenchFrench
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