Jugement Kantonsgericht (VD - HC/2019/708)

Canton:	VD
Case number:	HC/2019/708

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2019/708 vom 18.09.2019 (VD)

Date:	18.09.2019
Force of law:	-

Summary:	The court rejected the plaintiffs' appeal against the judgment of July 10, 2019. The plaintiffs had demanded that the verdict be corrected, because they believed that it was erroneous. The court has decided that the verdict is correct and no correction is required. The plaintiffs can still appeal the verdict to the Federal Court. The verdict is final, provided that the plaintiffs do not file an appeal with the Federal Court. More detailed summary: The plaintiffs A.M. and B. M. had appealed to the Court of Appeal against the judgment of the Civil Court of 10 July 2019. They felt that the judgment was flawed because it had dismissed their lawsuit. The Court of Appeal rejected the applicants' appeal. It has decided that the judgment is correct and no correction is required. The plaintiffs can still appeal the verdict to the Federal Court. If you do not do this, the verdict will be final. Justification of the decision of the Court of Appeal: The Appellate Court has justified its decision on the grounds that the judgment of the Civil Court is based on an accurate legal and factual assessment. The court considered all the relevant circumstances and came to a just verdict. In particular, the plaintiffs had criticized the fact that the civil court had dismissed their claim, although they believed that they had a claim for damages. However, the Court of Appeal has found that the plaintiffs are not entitled to damages. The plaintiffs have violated their duty of care and are therefore responsible for the damage themselves. Consequences of the decision: The decision of the Court of Appeal has the consequence that the applicants will not be compensated for their damage. You can still appeal the verdict to the Federal Court. If you do not do this, the verdict will be final.
Rule of Law:	Art. 100 LTF;Art. 107 CPC;Art. 277 CC;Art. 334 CPC;Art. 74 LTF;
BGE reference::	-
Comment:	-

Please note that there is no claim to topicality/accuracy/format and/or completeness and that therefore any guarantee is excluded. Original decisions may be ordered or made on the basis of the competent court.

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