Abstract
The fifteenth chapter deals with the requirements for establishing liability, i.e. wrongfulness and facts of an offence or wrong and its elements. Wrongfulness is the basic requirement for liability since there must always be a violation of a primary duty (with or without fault).
In other words, there must be an act or a situation that is against the law. There are some exemptions to this rule that exclude wrongfulness per se such as performance of legal duty, performance of one’s subjective right, self-help, legitimate defence, calamity, consent or legitimate risk).
Further, the author stresses that there are different requirements for liability in private law doctrine than in public law. In public law we traditionally use the concept of the facts of the offence that consists of four elements – object, objective facts, subject and subjective facts.
In both private and public law we can rest on this conception but in private law there is a specific construct of no-fault liability that modifies objective and subjective facts. In the rest of the chapter the author explain the nature of all the elements of the concept of facts of the offence or wrong.