Legislator Case Law & Legislation
I PKN 387/98 AI generated

Employee liable for jointly managed property cannot fully exempt liability for negligence despite employer's contribution.

Case Number I PKN 387/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by employees against a lower court judgment awarding damages for fuel shortages. The court found that while the employer contributed to the loss through faulty equipment and lack of supervision, the employees' specific negligence in their duties prevented them from using Article 124 § 3 of the Code of Obligations to fully exempt themselves. Consequently, the judgment upholding partial liability for the employees' specific faults was confirmed as legally sound.

Legislator headnote

AI generated

Art. 124 § 3 Kodeksu cywilnego; Art. 125 Kodeksu cywilnego: An employee jointly liable for property cannot completely exempt themselves from liability for shortages if their specific negligence caused the loss, regardless of the employer's contribution.

Keywords

AI generated
joint liability employee negligence fuel shortage code of obligations cassation appeal property management employer contribution

Cited Legislation

AI generated
Art. 124 § 3 Kodeksu cywilnego
Art. 125 Kodeksu cywilnego
Art. 461 § 1 Kodeksu postępowania cywilnego
Art. 379 pkt 6 Kodeksu postępowania cywilnego
Art. 393 § 1 Kodeksu postępowania cywilnego

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