Lexipedia

Fault

Fault is the subjective blameworthiness of conduct, usually intentional wrongdoing or negligence, relevant to many Swiss tort claims.

In Swiss tort law, fault concerns whether a person can be blamed for causing damage through intent or negligence. It is separate from unlawfulness, damage, and causation, though all may be required in ordinary liability. Negligence is assessed against the care that a reasonable person would have used in the circumstances; intent requires knowledge and will regarding the harmful result. Some regimes impose liability without fault, so the role of fault depends on the legal basis of the claim.

Fault | Lexipedia