Unlawfulness

In Swiss tort law, unlawfulness is a core element of liability alongside damage, causation and fault, unless strict liability applies. It is usually present when an absolute right, such as life, bodily integrity, property or personality, is infringed. For pure economic loss, unlawfulness generally requires breach of a specific protective legal norm. The concept separates legally compensable harm from losses that must be borne without tort recovery. Justifications such as consent, self-defence or necessity may exclude unlawfulness.