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