Summary

The articles provides an overview of tort cases in the Estonian court practice based on rulings rendered by city and county courts, circuit courts and the Supreme Court during 1995–1999. The author introduces positions adopted in the court practice, often contradictory, concerning key issues which have arisen in disputes on damage and the extent of compensation therefor, unlawful acts, causal link, etc. In depth, the author examines the positions developed in the court practice on the size of damage to be compensated for, liability for damage caused by a greater source of danger, damage caused by fault of an employee under the responsibility of the employer, and compensation for damage in the case of causing a health disorder or death. The author gives examples of decisions rendered in various court cases and highlights the general tendencies resulting in the court practice. However, the author does not give an evaluation of the correctness of analysed court decisions. Also, the author examines contradictions between the provisions of the Civil Code concerning damages in tort and those of secondary legislation and the results of disputes concerning such contradictions. Further, the author tackles compensation for damage caused by law enforcement authorities as prescribed under the law in force.