In game came in compensating responsibility, working has to be unlawful or relinquishment, it has one to be wished and causal
relationship between working, relinquishment or damage and existence faults. With civil code - responsibility switches off on principle of fault.
It was wished it - is then in sphere of injured''s business following in defiance of him damage prefers, expressed as:
property and
niemajątkowy. It was wished maybe to be not on possessions and on person.
It was wished as property damage it can hug
loss (wish real) and it can also hug loss of advantage what injured was can expect the if would of damage one did not.
The principle of full damages exists (both kinds of damage) that is wish real, the lost advantages.
Art 45. tells about general responsibility. KAZUS:
John was owner insured dog. He in time of quarrel with Andrew lowered him from lead and Z. gave to Andrew''s attack command which became bitted painfully. Andrew Z. demands acknowledgement damages wears out clothes for and fulfilment showing as basis one''s claim
art.431 Was the basis of claim undertaken?
Odp:
This article does not concern this incident, because
art.431 has use when only animal with own impulse it will do damage.
KAZUS:
John O. executing doctor''s occupation in private clinic conducted healing intervention faultly. They in process about directed against właściecielowi of clinic zadoośćuczynienie ran they affirmed in medical art the mistake, resulting with incorrect diagnosis the and defective way of intervention. Defendant the właścieciel of clinic casts that it does not bear for damage responsibility resulting with incorrect diagnosis and therapy.
Is accusation justified? Odp:
Art. 429 treats to persons who in range executing action are independent regard commiting action < leaning on principle of fault in
art. 430 is then subordinate''s responsibility on principle of risk >.