Legislator Case Law & Legislation
I PKN 571/99 AI generated

Supreme Court dismissed appeal against university's liability for employee's failed doctoral research due to lack of fault.

Case Number I PKN 571/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal filed by a professor against his university regarding damages for the failure to complete his doctoral thesis. The lower court found that while the university restricted access to research data due to potential competition, it did not commit a fault in preventing the completion of the work. The court ruled that the university is liable only if it can be proven that its negligent actions directly caused the employee's loss, a condition not met in this case.

Legislator headnote

AI generated

Art. 471 KC; Art. 300 KP; A higher education institution is liable for damages to a tenured academic staff member for negligence in facilitating their research, but liability requires proof of fault, damage, and causation, which were absent here.

Keywords

AI generated
university liability doctoral research academic staff negligence contractual liability cassation appeal fault requirement

Cited Legislation

AI generated
Art. 471 KC
Art. 300 KP
Art. 233 § 1 KPC
Art. 393 KPC
Art. 98 § 1 KPC

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