Unlawfulness context

• Detriment
• Causality
• Illegality
• Unlawfulness context
• Adequateness
• Culpability
• Activity and Passive Legitimation
• Process-related aspects
• Defendant's objections and counter-strategies
• Company law issues
• Criminal law
• Tax and accounting issues

Unlawfulness context

A further criterion of the liability of the injuring party is the context of illegality. The context of illegality or the purpose of protection of the standard is fulfilled if the infringed standard is precisely intended to prevent the damage that has occurred. How far the purpose of the provision reaches is a question of interpretation in the individual case. The perpetrator is only liable for such damages that lie within the context of illegality.

The limitation of the number of persons entitled to claim damages is due to the purpose of protection of the norms in the context of illegality. This is an independent demarcation criterion of liability for damages in addition to illegality and causality.

Details can be found in the book Michael BRAND, Schadenersatz im Kartellrecht, starting on page 198.