Liability for auxiliaries

Auxiliary liability concerns harm caused by persons engaged to help another, such as employees, subcontractors or agents. Swiss law treats this differently depending on whether the claim is contractual or non-contractual. In contract, a debtor may be responsible for auxiliaries used to perform the obligation. In tort, employer-type liability focuses on organisational control, selection, instruction and supervision, with possible exoneration where due care is shown. The concept allocates risks created by delegation rather than treating every helper as personally identical to the principal.