Organisationspflichten und Organisationsverschulden

Organisational fault was developed by the Reichsgericht in the field of tort law and has since been extended to more and more areas. The term organisational fault enjoys great popularity in jurisprudence. In retrospect, it is clear which measures would have prevented the damage. However, it is unclear, both in jurisprudence and in literature, what organisational duties and the preconditions for organisational fault are, as well as whether a uniform organisational fault exists. The author legitimises, systematises and concretises organisational fault and examines whether it is possible to speak of a uniform organisational fault within and outside tort law.