Katharina Schoenhoff

Comparative Analysis Law: Breach of duty Katharina Schoenhoff

Seminar paper from the year 2012 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 1,0, Anglia Ruskin University (Lord Ashroft International Business School), course: Comparative Business Law, language: English, abstract: In this paper Germany and the United Kingdom are comparatively analysed. The focus is on breach of duty as a part of negligence whose other aspects will be shortly illustrated as well. The aim of the paper is to show the differences between common law and civil law states by comparing a case that deals with the chosen aspect. The case that will be analysed deals with an accident in a wall climbing centre. It will be discussed if the centre acted negligent for omitted instructions to the customer. It will become clear that even though contributory action of the customer is considered the club still breached its duty to take reasonable care. Moreover the English case will be applied under the German procedure. Again, the club will be held liable for breaching its duty of care. Based on the analysis of the case under both legal systems the similarities and differences will be explained.