Article( 221) of the
Civil Code provides that the judge will fix the amount of damages, if it has
not been fixed in the contract or by law. The judge shall calculate damages
based on the proprietor’s losses suffered and profits of which he has been
deprived, provided that they are the normal result of the failure to perform
the obligation or of delay in such performance."
Tort
liability as per Article (163) of the Egyptian Civil Code (the“Civil Code”), whereby
every fault, which causes an injury to another, imposes an obligation to make
reparation upon the person by whom it is committed. Thus, three elements must be present for tort liability to
arise: (i) a fault or error (which may be either an act or a failure to act);
(ii) damage to another; and (iii) a casual connection
between the fault and damage."
Article 178 of the
Egyptian Civil Code imposed a quasi-strict liability for injury caused by
persons in charge of objects which require “special care” or supervision,
unless that person proves that the injury resulted from a cause beyond control.
Translation by Heba Musa
Translation by Heba Musa
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