Glossary / Tort Law

Fault

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.

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