Draft Common Frame of Reference (DCFR) Book VI: Non-contractual liability arising out of damage caused to another (2009)

Chapter 1 Fundamental provisions VI.–1:101 Basic rule (1) A person who suffers legally relevant damage has a right to reparation from a person who caused the damage intentionally or negligently or is otherwise accountable for the causation of the damage. (2) Where a person has not caused legally relevant damage intentionally or negligently that person is accountable for the causation of legally relevant damage only if Chapter 3 so provides. VI.–1:102 Prevention Where legally relevant damage is impending, this Book confers on a person who would suffer the damage a right to prevent it. This right is against a person who would be accountable for the causation of the damage if it occurred. VI.–1:103 Scope of application VI.–1:101 (Basic rule) and VI.–1:102 (Prevention): (a) apply only in accordance with the following provisions of this Book; (b) apply to both legal and natural persons, unless otherwise stated; (c) do not apply in so far as their application would contradict the purpose of other private law rules; and (d) do not affect remedies available on other legal grounds. Chapter 2 Legally relevant damage Section 1 General VI.–2:101 Meaning of legally relevant damage (1) Loss, whether economic or non-economic, or injury is legally relevant damage if: (a) one of the following rules of this Chapter so provides; (b) the loss or injury results from a violation of a right otherwise conferred by the law; or […]