Jugement Kantonsgericht (VD - HC/2020/228)

Canton:	VD
Case number:	HC/2020/228

Instance:	Kantonsgericht
Department:	Cour d'appel civile

Kantonsgericht Entscheid HC/2020/228 vom 26.03.2020 (VD)

Date:	26.03.2020
Force of law:	-

Summary:	Defendant M.________ appeals against the judgment of the Civil Court of the District of La Côte of December 3, 2019. The Cantonal Court annuls the judgment and refers the case back to the civil court. The Cantonal Court considers that the civil Court has not sufficiently substantiated the claim of the plaintiff V.________. The Cantonal Court points out that the plaintiff bears the burden of proof for his claim. The Cantonal Court instructs the Civil Court to re-evaluate the case. More detailed summary: M.________, the defendant in a civil case, appeals against the judgment of the Civil Court of the District of La Côte of December 3, 2019. The judgment had confirmed in his claim the plaintiff V.________, who had sued M._______ for payment of damages. The Cantonal Court annuls the judgment and refers the case back to the civil court. The Cantonal Court considers that the civil court has not sufficiently substantiated the claimant's claim. The Cantonal Court points out that the plaintiff bears the burden of proof for his claim. The Cantonal Court instructs the Civil Court to re-evaluate the case. The civil court must carefully examine the plaintiff's evidence and assess whether it sufficiently substantiates the plaintiff's claim. More details: In the statement of reasons for the judgment, the Cantonal Court states that the civil Court has not sufficiently examined whether the plaintiff has fulfilled the burden of proof for his claim. In particular, the civil Court had not dealt with the question of whether the plaintiff actually suffered the damage that he claimed. The Cantonal Court instructs the civil Court to carefully consider the plaintiff's evidence. In doing so, the civil court must take into account, in particular, whether the plaintiff actually suffered the damage that he claimed. The civil court must also consider whether the damage was caused by the behavior of the defendants. The Cantonal Court instructs the Civil Court to re-evaluate the case and make a new verdict.
Rule of Law:	Art. 100 LTF;Art. 106 CPC;Art. 241 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.

Click here to return to the page search engine.