The Civil Code requires a causal link between fault and damage for compensation. Analysis of cases involving damage, fault, and liability.
Extract
[...] The Moe assault In this case, the security manager of the power plant goes to a bar, where he witnesses a dispute between a customer and the owner, about unpaid bills. In a fit of rage, the customer punches the owner, who falls and suffers fractures. In what measures can the customer be held responsible for the blows he struck the bar owner? E. The existence of a damage The injuries suffered by Moe allow for the qualification of a damage? [...]
[...] The Civil Code requires the existence of a causal link between the fault and the damage in order to be compensated. This means that it is necessary to establish that the damage suffered by the victim indeed results from the fault of the responsible party. In the spaceisthis, Moe's fractures result directly from the punches thrown by Barney. Without this aggression, he would not have fallen or suffered injuries. Therefore, the causal link between the fault and the damage is established, it is the blows that led to the injury. [...]
[...] In what measures can Homer and Mr. Burns be held responsible for the radioactive liquid leak? A. The existence of a damage The radioactive liquid leak constitutes a damage under the basis of article 1246 of the civil code? A damage is an injury suffered by a person, which can be material, bodily or moral. In order to be repairable, it must meet several conditions: it must be certain, personal and direct, which means that only direct victims of the damage can claim compensation. [...]
[...] In fact, it could argue that if Marge had been more attentive, she could have avoided the collision with the glass display case.e. Therefore, there is a cause of exoneration of responsibility for the shopping center. [...]
[...] The fault can bethere is positive act, a negligence or a imprudence. In addition, in a ruling of 24 June 1970, the Court of Cassation stated that the liability of an establishment could be engaged if the signage of a glass base was not visible enough. De mIn this case, in a ruling of 6 June 2019, the Court of Cassation held thata shop was responsible for a damage caused by an inadequately signposted glass doore. In the spaceisce, a fault of the establishment could be taken if the glass bay was not correctly signaled. [...]
