re de\elopment. Indeed, in the discussions on the IVench code in the C'onseil d'lLtat little was said about liability for damage h\’ such things, hut notahl\' the draft at this earh' point contained tw(^ articles, i6 and 17, that significantlv dealt with special cases of things thrown out of a dwelling. Both were rejected on the ground that what is now article i7(S4 enunciated the principle of liability. Thus, this important part of article ^84 focused on the narrow, \ er\’ narrrow, point of Roman law.''' Indeed, for long the article attracted \ er\' little notice, hut since the late 19th centurx’ has come to he a center of attention. And interpretation has \ aried; thus, for the standard of liahilit\’ the hisnmical dexelopment has basically been from liability onh' if the guardian could he shown to have been at fault, on to liahilitv if the thing was defective e\ en if the guardian was unaware of this, right on to strict liability that can be rebutted only if the guardian pro\ es cas fortiiit, force miijcun\ or a cause ctniugcrc that cannot be imputed to him. 'The great ad\antage for a plaintiff now of article 1784 as against 1:582 and 138^ is that the guardian will be found liable for damage cansed by the thing without anv' fault pro\ ed on his part or of any defect in the thing. Since a principle of French law is that one cannot make a distinction where the law’ makes none, article 1^584 applies to loss caused bv an aua^mobile in motion. Of course, the article comes into play when someone can he regarded as having something sous su gunii\ "within his guard." Fxampies from case law can be found in any recent edition of the Dalloz CauIc Civil which appears annually. For instance, alpine climbers cannot be regarded as guardians of stones that fall as they pass, hut they are guardians of their ropes and are liable for loss caused by fall of stones resulting from their handling of the rt)pes. "Fhe article does not make a distinction according to whether the thing has been or 39 For more detail, see Watson, Evolution, pp. i22ff. 82
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