Title: Liability for harmful effects of things: Liability for tort and quasi-delict
Abstract:In this paper, an attempt is made to differentiate between tort (delict) and quasi-delict, as well as between tort, on one hand, and force majeure (vis maior) and case (casus), on the other. The purpo...In this paper, an attempt is made to differentiate between tort (delict) and quasi-delict, as well as between tort, on one hand, and force majeure (vis maior) and case (casus), on the other. The purpose of the paper is to determine when there is a civil-law liability for harmful effects of objects and when there is not. In the case of an effect of (dangerous) objects without human interference, i.e. a possibility of prevention (force majeure) there is no civil-law liability. However, if there is a harmful effect of (dangerous) objects being in legally prescribed cases under a due human supervision, there is a civil-law liability of the object owner provided there is no preventive supervision.Read More
Publication Year: 2009
Publication Date: 2009-01-01
Language: en
Type: article
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