CAUSALITY LINK
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LEGAL DICTIONARY |
ENCYCL. CAUSALITY
LIABILITY LINK
THE CAUSAL LINK
The fact must have been the cause of the damage .
The causal link must be proven.
The causal link is required for extra-contractual liability. There must be
The contractual liability is incurred for failure to perform or delay in performing only under condition of a direct causal link:
Article 1151 of the Civil Code: “Even in the event that the non-performance of the agreement results from the fraud of the debtor, the damages must not include with regard to the loss suffered by the creditor and the gain of which he was deprived , that which is an immediate and direct consequence of the non-performance of the agreement. “
The difficulties arise in particular from questions of proof of this causal link.
PRESUMPTIONS EXPERTISE