a) I.iahilir\’ tor thiiijjs under one's oviard. Articles i^cSz aiul i^S:^ make it incontro\ ertihle that tor one's own actions liability dejiends upon taidt, including negligence. Article 1^84 then begins: One i.s responsilde nor onh' lor tlie iniur\’ one causes In’ one's own action, hur also tor that which is causeil li\’ tlie acrions ot persons tor wlioin one is responsilde, or ot things that are under one's guard. Nothing in this paragraph or in w hat tollows tells us the basis ot this liability tor things. Must there be negligence on the part ot the 'guardian'.- .Must the thing be detectixe.^ We are not told, a tact that has caused great contusion. The reason is curious in the extreme. Roman law had in general no liabilitx’ tor damage caused bx’ inanimate moxeable things: little laxx on the subject xxas needed before the inxention ot gunpoxxder and the internal combustion engine, d'he main cause ot liability xxas against a householder from xxhose dxxelling something vxas throxxn or poured onto a xvay that xxas commonlx used, residting in damage ( Ay.O- 1 he action lax’ against the householder-simply because he xxas such-xx hether or nor he tlid the throxx ing, knexy ot it, or could haxe prexented it (/A9.41.4). Oxynership ot the thing throxx ii or poured xxas irrelex ant (/J.y.41.4). I'he action xxas simplx’ gix en against the person xxho had the thing under his guard. Ot course, in such circumstances there coidd be no cpiestion regarding the injurx’ residring from a defect in the thing, fhis Roman approach xx as sensible and axoided difficulties of proof after all, the occupier xxas also automaticallx’ liable for the behax ior of his sons and other descendants in his poxxer, and for that of his slax es. I'or the l-'rench dex elopment a good starting point is )ean Domar's Lcs l.ois civilcs diuis Icur ordrc tuitiin-l^ first published betxx een i6(Sy and i6y7. I le began his discussion of xx rongtul damage in book 2 title (S, and tor damage caused bx' an inanimate moxeable object he deals onlx’ xvith things rhroxx n out of a xx indoxy. 'This set the scene for futucSl
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