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Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

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346 OBLIGATIONS<br />

to another may be required to make reparation according to<br />

the circumstances.<br />

In particular, consideration is given to the fact that the<br />

victim cannot obtain damages from the person responsible for<br />

the supervision of the author of the damage.<br />

96 No person may cause to another damage which exceeds<br />

the normal inconveniences resulting from proximity.<br />

97 Parents are bound to ensure with prudence and diligence<br />

the education and supervision of their minor children.<br />

They are responsible for the damage caused by a minor<br />

child, unless they prove that they have committed no fault.<br />

98 The same applies to persons entrusted with the education<br />

or supervision of a minor or of a person incapable of<br />

discernment.<br />

However, a person who performs these duties gratuitously<br />

is not subject to the presumption of fault.<br />

99 An employer is responsible for the damage for which his<br />

employees are responsible in the performance of their duties.<br />

100 A person who has the custody of a thing is responsible<br />

for the damage resulting from an autonomous act of the thing,<br />

unless he proves a fortuitous event.<br />

101 An owner of a building is responsible for the damage<br />

caused by the ruin of the building, unless he proves that the<br />

ruin did not result from a defect in the construction or from<br />

lack of maintenance.<br />

The preceding paragraph applies even if, when the<br />

damage is caused, the title is null or can be resolved.<br />

102 A manufacturer of all or part of a moveable thing, and

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