Question juridique clé
Whether the moral damages award had to be reduced for the victim's contributory negligence under Art. 44 CO.
Solution extraite
No reduction was justified because, although the daughter acted obstinately, the father's violent reaction was so extraordinary and unforeseeable that it broke the adequate causal link.
Motifs extraits
A contributory fault reduction requires natural and adequate causation between the injured party's conduct and the damage. The daughter's insistence was a natural condition, but not an adequate cause of the shooting injuries, since one could expect only anger or refusal, not an armed attack and attempted killing.