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Cour de Cassation — Tort Law — Liability of own (faulty) conduct — Contributory fault

Date Citation Note
14.04.2006 Assemblee pleniere (pourvoi no. 04-18.902)  
15.12.2005 Bull.civ. 2005.II. no. 336, p. 295 Second Civil Chamber, (pourvoi no. 03-16.772)  
19.06.1981 D. 1982, 25 Case Mandin v. Foubert

Subsequent developments
A person whose fault, even if criminal, has caused damage is partially relieved of liability if he proves that fault on the part of the victim contributed to the harm
This is so not only when it is the victim himself who is claiming damages but also when they are claimed by a third party who, suing on his own behalf, seeks compensation for the harm he has personally suffered as a result of the death or personal injuries of the victim, and that, although the third party’s claim is distinguishable as regards to its object from that of the primary victim (even if the third party is the victim’s heir) it nevertheless originates in the same set of facts
25.11.1964 D. 1964, 733 Case Veuve Estève v. Guenier

Subsequent developments
Where the accused and the victim are both at fault the measure of damages must be determined according to the proportion of responsibility determined by the judges