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Assuming liability

Updated : 2015-06-10

The situation of non-liability and mitigated liability

According to the provisions of Tort Liability Law, the liability of the tortfeasor may be mitigated if the victim is also at fault of the damage. The tortfeasor shall not bear liability for any damage intentionally caused by the victim. For damage caused by a third party, the third party shall bear tort liability. No liability shall be borne for damage caused by force majeure. If the law otherwise provides, such provisions shall prevail. No liability shall be borne for damage arising from justified defense. A person who acts in justified defense shall bear proper liability for undue damage arising from defense exceeding the limits of necessity. Where any damage is caused by any conduct of necessity, the person causing the occurrence of danger shall be liable. If the danger is as the result of a natural cause, the person causing damage for necessity shall not be liable or shall make proper compensation. If improper measures of necessity are taken or a necessary limit is exceeded, causing any undue damage, the person causing the harm for necessity shall bear proper liability.