Liability for Other Persons
Liability for Other Persons
In addition to liability for damage caused by movable and immovable objects, someone can also be liable for damage caused by another person with whom he has a special relationship. The most obvious examples are the responsibility of parents for children and that of employers for employees. Liability of the employer for damage caused by the employee differs between the legal systems in Europe; England and France provide for strict liability while Germany provides for a liability for rebuttable negligence. The case law in Germany, however, has limited the employer's defences and has also provided ways around his liability which make the differences with English and French law negligible. Liability for children shows more differences, with France providing for the parents’ strict liability, Germany for a liability for rebuttable negligence, and England for a traditional fault liability regime. This chapter also considers liability for mentally disabled persons.
Keywords: Europe, liability, mentally disabled persons, children, employees, England, France, Germany
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