Editing Tort (section)

===Thailand===
Thai tort law, as with contemporary Thai law in general, is a codified admixture of principles derived from common law and civil law systems.<ref name=TNPSCS>Triamanuruck, Ngamnet; Phongpala, Sansanee; and Chaiyasuta, Sirikanang, "[http://scholarship.law.cornell.edu/lps_lsapr/4 Overview of Legal Systems in the Asia-Pacific Region: Thailand]" (2004). Overview of Legal Systems in the Asia-Pacific Region (2004). Paper 4.</ref> Title V of the Civil and Commercial Code of Thailand (CCT) establishes the principles of Thai tort law, with section 420 enshrining the basic doctrine that:<ref name=T420437>{{Cite web|url=https://library.siam-legal.com/thai-law/civil-and-commercial-code-torts-section-420-437/|title=Torts (Section 420-437) |website= Thailand Law Library|date=12 February 2015}}</ref>
{{blockquote|A person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property or any right of another person, is said to commit a wrongful act and is bound to make compensation therefore.}}
This is analogous to Article 709 of the Japanese Civil Code which establishes three criteria for tort liability:<ref name=Tsunematsu/> negligence or intentionality on the part of the tortfeasor, infringement of some legally recognised right{{efn|The Thai provision expressly refers to violations of "life, body, health, liberty, property, or any right"; which differs from the Japanese provision only insofar as it explicitly establishes life, body, health, liberty, and property as protected interests. Nevertheless, the residual category of "any right" produces an open-ended scope of potential liability similar to that under the Japanese Civil Code}} and a causal link between the tortfeasor's action and the infringement in question.<ref name=Tsunematsu/>

The CCT comprehensively outlines rules for tort liability and the burden of proof. In general, section 429 provides the default rule that everyone is liable for their own tortious acts and that the guardians of a child or other person lacking capacity are jointly liable.<ref name=T420437/>  While the burden of proof under Thai tort law is on the plaintiff by default, section 422 of the CCT provides that an individual who infringes "a statutory provision intended for the protection of others" is presumed to be liable.<ref name=T420437/> Sections 425 through 327 provide for vicarious liability in employer-employee and principal-agent relationships while providing that an employer or principal found vicariously liable may seek compensation from the employee or agent, respectively.<ref name=T420437/> Similarly, section 433 provides that the owner or caretaker of an animal is liable for any tortious conduct it may commit, with the caveat that the owner or caretaker may seek compensation for such liability from anyone who "wrongfully excited or provoked the animal" or from "the owner of another animal" which did so.<ref name=T420437/> Sections 434 to 436 provide special rules for liability for the owners and possessors/occupiers (e.g. tenants/lessees) of defective buildings and structures, whereby: 1) the possessor is liable for damage caused by defective construction or poor maintenance except if they exercised proper care to prevent the damage, 2) if the possessor exercised proper care, the owner is liable, 3) the occupier of a building is liable for damage caused by items that fall from the building, and 4) an individual who is at risk of damage or injury from such a building may require its owner or possessor to take preventive action.<ref name=T420437/> Certain provisions of the CCT also provide for strict liability with regard to specific categories of tortious conduct; for example, section 437 provides for strict liability for an individual in charge of a vehicle or conveyance which causes injury and for individuals possessing items which are "dangerous by nature" or "on account of their mechanical action", except where the individual demonstrates that the injury resulted from [[force majeure]]. Additionally, the CCT provides that self-defence, the aversion of a common danger,{{efn|A danger to the public or community}} the use of reasonable and necessary force, and (where the thing or person damaged was the source of such danger) the aversion of an individual danger{{efn|A danger to the defendant or a third person}} are defences against tort claims.<ref>{{Cite web|url=https://library.siam-legal.com/thai-law/civil-and-commercial-code-torts-section-449-452/|title=Torts (Section 449-452) |website= Thailand Law Library|date=13 February 2015}}</ref>

The rules regarding compensation under Thai tort law are prescribed by the CCT. In general, section 438 provides that courts may award such compensation as appears necessary with regard to "the circumstances and gravity of the act"; and that, in addition to damages, "compensation may include restitution" of any property of which the plaintiff has been deprived or which has decreased in value as a result of the tortious act.<ref name=T438448>{{Cite web|url=https://library.siam-legal.com/thai-law/civil-and-commercial-code-torts-section-438-448/|title=Torts (Section 438-448) |website= Thailand Law Library|date=13 February 2015}}</ref> Per section 439, an individual who defaults on an obligation to return property they had wrongly deprived another individual of is liable to compensate the other individual for "the accidental destruction" or "accidental impossibility of returning" the property in question, except where such destruction or impossibility would have occurred regardless of the wrongful deprivation.<ref name=T438448/> Section 440 provides that compensation may additionally include interest for lost time.<ref name=T438448/> Where the tortious act contributed to an individual's death, compensation must include funerary expenses; and, where the act resulted in damage to an individual's health or body, compensation must include reimbursement of medical expenses and lost wages, and may additionally include non-pecuniary damages.<ref name=T438448/> Where the tortious act involves harm to an individual's reputation, the court may order "proper measures to be taken" to restore the individual's reputation either together with or in lieu of damages.<ref name=T438448/>