The University of Texas at Austin   School of Law

Main menu:

Tort Law — Unlawfulness and Fault

Date Citation Note
21.11.1995 BGH NJW 1996, 776 VI. Civil Senate (VI ZR 329/94) Patient’s consent
Amount of information that the treating doctor has to provide concerning possible risks associated with treatment
§ 823 BGB
07.02.1984 BGHZ 90, 96 VI. Civil Senate (VI ZR 188/82) = NJW 1984, 1395 = JZ 1984, 629 Consent to diagnostic treatment is void if the patient is not fully informed about the possibility of a high amount of pain involved
Doctor is not liable if risks which do not necessitate an instruction of the patient materialize
§§ 276, 823 I BGB
15.04.1975 BGH NJW 1975, 1161 VI. Civil Senate (VI ZR 93/73) = VersR 1975, 831 = JZ 1975, 535 Claim by owner of bookstall business under §§ 823 I and 1004 for order prohibiting defendants removing or damaging publications alleged to be indecent
Such action not justified by self defence or defence of others (§ 227)
Self-help only permissible if individual interests attacked
§ 184 StGB and statute to protect young persons only enforceable by state
No sufficient effect on personality and dignity of individual
No infringement of right to educate child under Art 6 of Basic Law
Right of authorities to prosecute not affected
§§ 227, 823 BGB
09.06.1967 BGH JZ 1968, 103 VI. Civil Senate (VI ZR 11/66) = VersR 1967, 808 Defendant motorist struck cyclist at night
Claim by assignee of cyclist's widow and children
Defendant said he was blinded by oncoming car due to defective vision of which he had been unaware
Defendant negligent as knew or ought to have known of effect of defective vision and should have adjusted driving accordingly
No contributory negligence in cyclist not raising arm to turn left
Purpose of this traffic regulation requirement not to make conspicuous but to warn of manoeuvre
§ 276 I 2 BGB
09.12.1958 BGHZ 29, 46 VI. Civil Senate (VI ZR 203/57) = JR 1959, 418 Instruction of a patient prior to medical treatment is not required if harm may only occur in very rare cases and if it can be assumed that such information would not have affected the willingness of the patient to undergo such treatment
§§ 276, 278, 823 BGB
14.01.1928 RGZ 119, 397 I. Civil Senate (119/27 I) = JW 1928, 1049 with an approving note by Pappenheim Owner of sailing ship which ran aground sued captain; tacit agreement in contract between them that captain's inexperience important in assessing his duty of care
Care required in human relations based on objective standard having regard to individual circumstances
Standard of care for proper and conscientious captain of sailing ship with normal knowledge, capacity and experience
§§ 511 HGB