Case 1: Advice for Mr. H
determine the cause of the accident and the responsibility to pay damages:
+ Not his fault that Nguyen Tan H transmitted by the child without any signal at all.
+ can be caused by the vehicle itself malfunctions led to his being non-employed H wheel should cause an accident.
Determining compensation liabilities:
+ the accident happened through no fault of Mr H but by itself the car crashes result in you losing driving accident should happen
in this case, pursuant to paragraph 1 of Article 601, Civil Code in 2015, the car is considered to be the source of extreme danger. Damage inflicted damage is identified as the source of extreme danger due cause. Pursuant to Article 601, Civil Code 2015
Thus, in this case:
+ If in agreement, a contract is signed between you and Tran Van A has made it clear on the issue of liability to pay damages when damage occurs due to the malfunctioning of the vehicle itself, the liability to pay damages shall be made as agreed upon in the contract.
+ If the contract does not have an agreement, so you are Mr A to possess and used this car during your A drive him to work, therefore, pursuant to paragraph 2 of Article 601, this Code, shall pay damages will be yours
+ If the contract does not have A deal, but he knew this car had problems, but deliberately so you put the car in use, the liability to pay damages would be his A failure "to comply with the regulations on maintenance, custody, transportation, use of extreme danger in accordance with the provisions of the law. "defined in paragraph 1.
+ If in case an accident occurs entirely her fault B is based on a, Clause 3, Article 601, Civil Code of 2015, you and Mr. A was not liable to pay damages.
đang được dịch, vui lòng đợi..