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ResourcesThai Civil and Commercial CodeBook2Title V Wrongful Acts Chapter I Liability for Wrongful Acts

Title V Wrongful Acts Chapter I Liability for Wrongful Acts

Page: 63

Section: 430 - 437

Section 430.- A teacher, employer or other person who undertakes the supervision of an incapacitated person either permanently or temporarily, is jointly liable with such person for any wrongful act committed by the latter whilst under his supervision, provided that it can be proved that he has not exercised proper care.


Section 431.- In the case falling under the two foregoing Sections the provisions of Section 426 apply mutatis mutandis.


Section 432.- If several persons by a joint wrongful act cause damage to another person, they are jointly bound to make compensation for the damage. The same applies if, among several joint doers of as act, the one, who caused the damage, cannot be ascertained.

Persons, who instigate or assist in a wrongful act, are deemed to be joint actors.

As between themselves the persons jointly bound to make compensation are liable in equal shares unless, under the circumstances, the Court otherwise decides.


Section 433.- If damage is caused by an animal, the owner, or the person, who undertakes to keep the animal on behalf of the owner, is bound to compensate the injured party for any damage arising therefrom, unless he can prove that he has exercised proper care in keeping it according to its species and nature or other circumstances, or that the damage would have been occasioned notwithstanding the exercise of such care.

The person responsible under the foregoing paragraph may exercise a right of recourse against the person who has wrongfully excited or provoked the animal or against the owner of another animal which has caused the excitement or provocation.


Section 434.- If damage is caused by reason of the defective construction or insufficient maintenance of a building or other structure, the possessor of such building or structure is bound to make compensation ; but if the possessor has used proper care to prevent the happening of the damage, the owner is bound to make compensation.

The provisions of the foregoing paragraph shall be applied correspondingly to defects in the planting or propping up of trees or bamboos.

If in case of the foregoing two paragraphs there is also some other person who is responsible for the cause of the damage, the possessor or owner may exercise a right of recourse against such person.


Section 435.- A person who is threatened with an injury from a building or other structure belonging to another is entitled to require the latter to take necessary measures for averting the danger.


Section 436.- An occupier of a building is responsible for the damage arising from things which fall from it or are thrown into an improper place.


Section 437.- A person is responsible for injury caused by any conveyance propelled by mechanism which is in his possession or control, unless he proves that the injury results from force majeure or fault of the injured person.

The same applies to the person who has in his possession things dangerous by nature of destination or on account of their mechanical action.