The course aims to provide students with skills in the specific field of entrepreneur’s civil liability in the exercise of the enterprise, starting from the foundations of the regulation of torts and breach of contract, up to examine the more complex models of corporate’s liability.
The learning objective is to develop a better knowledge of the general theory of civil liability, on one side, and highlight the special features of civil liability in relation to the enterprise activity, on the other side. The aim is to sensitize students to the consideration of specific emerging issues in this field, such as the management of enterprise risk, the need for an adequate organizational structure, the situations of scientific and technical uncertainty.
Particular attention is given to the precautionary and protective measures imposed by modern industrial civilization, even in the perspective of the protection of fundamental values such as the safety of individuals and the protection of the environment.
The course is addressed to students of Bachelor's Degree Programme in Economics and Management [cod. 0251]. Students need to have basic knowledge in italian private law; in particular, they should already know the tort civil liability and the matters of breach of contract and contractual liability.
PART 1: Civil liability: notion and sources. The distinction between tortious liability and contractual liability. The basic rules: artt. 2043 and 1218 cod.civ. The principle of negligence in the area of tort law. The prohibition of “abuse of right” and other intentional torts. The infringement of a legally relevant interest (the wrongful damage). Contractual liability and remedies available to the aggrieved creditor. Vicarious liability. Liability arising from exercise of dangerous activities. Liability for damages caused by things in custody. Custody as criterion for attributing civil liability.
PART 2: Contractual and tortious liability of the commercial entrepreneur for the exercise of enterprise. Corporate social responsibility (CSR). The employer’s liability for damages caused by his employees. The debtor’s liability for acts of his auxiliaries. The criteria for attributing liability: negligence and strict liability. The theory of liability for enterprise risk. The theory of multiple criteria for attributing liability. The principle of risk exposure. The adequacy principle and the precautionary principle. The environmental damage. The producer’s liability. Liability for defective products. Unfair competition torts.
1) VISINTINI G., Cos’è la responsabilità civile. Fondamenti della disciplina dei fatti illeciti e dell’inadempimento contrattuale, 2ª edizione, 2014, Napoli, Edizioni Scientifiche Italiane[ with the following exceptions: Sezione Quarta, from page 251 until the end].
2) LUMINOSO A., Sulla responsabilità contrattuale ed extracontrattuale dell’impresa, in Contratto e Impresa, anno 2007 (fascicolo n. 4/5), pp. 917-932.
The above textbook will be supplemented by study material provided during lectures or subsequently indicated by the lecturer.