yamraj047/nepali-legal-rag-data huggingface dataset:
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 636: The owner of goods may terminate contract:
Subsection (7)
(1) If the hirer Notwithstanding anything contained in sub-section (5), a restriction to terminate the hire-purchase contract shall not be deemed to bar in any manner the right to make a claim for the hirepurchase price to be received from the hirer according to the contract.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 636: The owner of goods may terminate contract:
Subsection (8)
(1) If the hirer Notwithstanding anything contained elsewhere in this Section, the owner of goods may terminate the hire-purchase contract entered into with the person who does not give information referred to in Section 635 and, if any loss or damage is caused to such goods, make claim for the same as well.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 637: Rights of hirer in case of forfeiture of goods:
(1) If the owner of the goods hired pursuant to clause (a) of sub-section (4) of Section 636 forfeits the goods, the hirer shall be entitled to refund the amount paid in relation to the hire-purchase price up to the day of forfeiture and the amount equal to the price of the goods on the day of forfeiture from the owner. Explanation: For the purposes of this Section, the term "price of the goods on the day of forfeiture" means a sum that 371 remains after making deduction of the following amount or expense from the proceeds of sale of the forfeited goods:
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 637: Rights of hirer in case of forfeiture of goods:
Subsection (1)
(1) If the owner of Reasonable expenses incurred in course of the forfeiture of the goods,
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 637: Rights of hirer in case of forfeiture of goods:
Subsection (2)
(1) If the owner of Reasonable expenses incurred in the storage and repair and maintenance of the goods until the sale of the goods,
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 637: Rights of hirer in case of forfeiture of goods:
Subsection (3)
(1) If the owner of Reasonable expenses incurred in the sale or otherwise transfer of the goods,
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 637: Rights of hirer in case of forfeiture of goods:
Subsection (4)
(1) If the owner of The amount paid for the taxes, charges, fees or dues, if any, outstanding and payable by the hirer for the goods according to the laws in force,
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 637: Rights of hirer in case of forfeiture of goods:
Subsection (2)
(1) If the owner of The amount referred to in sub-section (1) shall be paid to the hirer within thirty days after the date of forfeiture of the goods, and while making payment thereafter, an interest at the rate of ten percent per year shall also be paid.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 638: Status of hired goods in case of hirer becoming bankrupt:
(1) If the court holds, during the currency of a hire-purchase contract, that the hirer has become a bankrupt or is likely to be a bankrupt according to the laws in force, and as a consequence thereof, the liquidator or any other equally competent person taking control of the property of such a person shall exercise and fulfill the same rights and obligations as the successor has with regard to the goods under the hire-purchase contract.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 638: Status of hired goods in case of hirer becoming bankrupt:
Subsection (2)
(1) If If the hirer becomes bankrupt and the bankruptcy proceedings are under consideration in any court, the liquidator or 372 the person exercising the right equal to that of the liquidator pursuant to sub-section (1) may, having obtained permission of such a court, transfer the goods under the hire-purchase contract to another person in any manner, and if such goods are transferred in such a manner, the transferee of the goods shall exercise and fulfill the rights and obligations under the hire-purchase contract as if the transferee were the hirer.
National Civil Code 2017
Part-5
Chapter-13: Provisions Relating to Hire-Purchase Contracts
Section 639: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit within two years after the date of accrual of the cause of action. 373
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 640: Employment in work:
(1) Any person who has attained at least fourteen years of age may be employed in a work with his or her consent. Provided that a person who has not attained sixteen years of age shall not be employed in a hazardous business or work.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 640: Employment in work:
Subsection (2)
(1) Any person who has attained at least While employing any one pursuant to sub-section (1), the provisions of this Chapter shall be complied with, or caused to be complied with.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 641: Wages to be paid:
(1) While employing any one in any work pursuant to Section 640, the employer shall have to pay the wages in proportion to the work except in cases where the employee voluntarily agrees to work without wages.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 641: Wages to be paid:
Subsection (2)
(1) While employing any one in any work While paying the wages pursuant to sub-section (1), if any particular rate of wages is specified with the consent of the employer and the employee, the wages shall be paid accordingly and if no such rate is specified, the wages for the work shall be paid according to the rate prevailing in the place of work.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 641: Wages to be paid:
Subsection (3)
(1) While employing any one in any work Except as otherwise agreed upon between the employer and the employee pursuant to sub-section (1) or (2), the wages shall be paid upon completion of the work.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 641: Wages to be paid:
Subsection (4)
(1) While employing any one in any work While determining the wages according to this Section, the wages shall be determined on the basis of each day of work except as otherwise agreed upon between the employer and the employee. 374
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 642: Provisions of safety measures to be made: A person shall employ
another person in a work only after making provisions of adequate safety measures to prevent possible risks or danger in view of the nature of work.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 643: Prohibition of employing for more than eight hours:
(1) A person may not employ another person in a work under this Chapter normally for more than eight hours a day.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 643: Prohibition of employing for more than eight hours:
Subsection (2)
(1) A If a person need to employ another in a work for a period more than that set forth in sub-section (1), the consent of the employee shall be obtained, and while so employing him or her in the work, that person shall pay additional wages for each hour in proportion to a day by calculating eight hours as one day.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 643: Prohibition of employing for more than eight hours:
Subsection (3)
(1) A Notwithstanding anything contained in sub-section (2), the provisions of that sub-section shall not apply to the employment of a domestic helper. Explanation: For the purposes of this Chapter, the term “domestic helper” means a person so employed in work that he or she may be employed in a household work at any time as per necessity.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 644: Special provisions relating to domestic helpers:
(1) If a person employs another person as a domestic helper, the employer shall also comply with the following terms and conditions, in relation to the domestic helper: (a) To determine the wages monthly or annually basis and pay the wages, 375 (b) To provide meals three times viz. in the morning, afternoon and evening, and clothes suitable to the weather, according to the capacity of the employer, (c) To provide facilities for using appropriate housing, toilet and bathroom facilities according to the capacity of the employer, (d) In the case of a domestic helper below eighteen years of age, to make provision for his or her study at an appropriate time having regard to household work if he or she so wishes, (e) To arrange for his or her treatment if the domestic helper falls sick, Provided that the expenses incurred in his or her treatment may not be deducted from his or her monthly or yearly wages. (f) Not to employ him or her in work while he or she is sick, and, in other situations, not to employ him or her in such a work that he or she may not be able to do due to the age, ability or condition of him or her, (g) If he or she dies, to bear the expenses incurred in the performance of his or her funeral and obsequies rites in a normal way, (h) Not to commit any inhumane or degrading treatment or domestic violence, 376 (i) To comply with the other terms and conditions agreed upon between the employer and the domestic helper.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 644: Special provisions relating to domestic helpers:
Subsection (2)
(1) If a person The expenses incurred under clauses (b), (c) and (d) of sub-section (1) may not be deducted from the monthly or yearly wages of the domestic helper.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 644: Special provisions relating to domestic helpers:
Subsection (3)
(1) If a person If a person employs another person as a domestic helper, that person shall give written information thereof to the concerned ward committee of the concerned Local Level within one month after the date of such an employment.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 645: Undertaken work not to be left incomplete:
(1) If a person assumes responsibility to do or undertakes to do any work, the person shall not leave the work incomplete except for a reasonable ground.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 645: Undertaken work not to be left incomplete:
Subsection (2)
(1) If a person If a person leaves a work incomplete as mentioned in sub-section (1), the person leaving the work shall bear the obligation therefor.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 646: Wages to be paid to employee:
(1) The employer shall pay such wages as required to be paid for employment to the employee or any other person whom he or she has consented to.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 646: Wages to be paid to employee:
Subsection (2)
(1) The employer shall pay such If the employee dies prior to the payment of wages pursuant to sub-section (1), the wages he or she is entitled to shall be paid to his or her nearest successor.
National Civil Code 2017
Part-5
Chapter-14: Provisions Relating to Wages
Section 647: Statute of limitation: A person who is aggrieved in relation to any
of the matters under this Chapter may make a lawsuit within three months after the date of accrual of the cause of action in the case of 377 Section 644, and within thirty-five days in the case of the other matters. 378
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 648: Indirect
or quasi-contract deemed to be made:
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 648: Indirect
Subsection (1)
Notwithstanding anything contained in Chapter-2 of this Part, if any person does any certain, lawful, voluntary or unilateral act that may give rise to a juridical relationship, an indirect or quasi-contract shall be deemed to be made.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 648: Indirect
Subsection (2)
If an indirect or quasi-contract is made pursuant to subsection (1), an obligation under this Chapter shall be created from the same fact.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 649: If other’s property managed voluntarily, not to be abandoned
(negotiorum gestio): If a person manages or operates a business or property of another person on his or her own without information to, or authority from, that other person, the person shall, so long as such business or property continues to exist, not abandon such business or property without handing it over to that other person, his or her successor or agent or until that other person removes him or her.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 650: To care (herbichar) or manage property taken in custody:
(1) If a person takes the custody of a property belonging to another person for its care or management, the person shall take care of and manage the property in good faith as if that were his or her own property.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 650: To care (herbichar) or manage property taken in custody:
Subsection (2)
(1) If If a person who takes the custody of a property pursuant to sub-section (1) causes loss or damage to the property 379 with malafide intention or recklessly, the person shall pay compensation therefor.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 651: Not absolved from obligation by delegation of authority: If a
person, who is entrusted by another person with a responsibility to do any act, delegates any or all of his or her powers to another person to do that act in a manner not to be prejudicial to the obligation vis-à-vis that other person, the person shall not be free from his or her own obligation by the reason of such delegation.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 652: Reasonable costs to be paid for saving property in times of
disaster: If any person saves or protects any property in times of disaster such as fire, flood, landslide, storm and earthquake without giving information to its owner, the owner of property shall reimburse the reasonable expenses incurred in saving or protecting such property to such a person.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 653: Right to claim reimbursement:
(1) If a person, in spite of being compelled by law to fulfill any obligation, fulfills such obligation at his or her own expense and another person gets anything or benefit due to the fulfillment of such an obligation or for any other reason, the person fulfilling such an obligation may claim reimbursement of the amount incurred therein from the person who so gets such thing or benefit.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 653: Right to claim reimbursement:
Subsection (2)
(1) If a person, in spite of being Notwithstanding anything contained in sub-section (1), if a person fulfills any obligation for any illegal purpose, the person shall not be entitled to claim reimbursement from the same.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 654: Right to claim for maintenance: If a person rears and maintains
another person without giving information to the person obliged to 380 rear and maintain that other person, the person who so rears and maintains shall be entitled to claim an amount for such rearing and maintenance from the person under such obligation. Provided that if he or she maintains such a person by way of compassion or gratification or with intention to do so gratuitously, he or she shall not be entitled to claim such an amount.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 655: Successor to reimburse expenses incurred in obsequies of
deceased: If any person performs the funeral and obsequies acts of a deceased in accordance with his or her rites, tradition and culture, without giving information to the successor to or close relative of the deceased and claims the expenses incurred in the performance of such funeral and obsequies acts, the closest heir to, and, in the absence of the heir, the relative of, the deceased shall reimburse that person for the expenses.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 656: To bear expenses in maintenance (palan poshan)of incompetent
person: If a person obliged to maintain (palan poshan)or take care of (herbichar) a person of unsound mind, a person with physical infirmity or a helpless minor having no income of his or her own refuses to maintain such a person and any other person maintains (palan poshan)or takes care of (herbichar) him or her, that other person shall be entitled to claim reimbursement for the expenses incurred therein from the person under such an obligation.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 657: Treatment expenses to be reimbursed: If a person becomes
seriously ill owing to an accident or other reason and any other person, except his or her heir living in the joint family, relative or close person, conducts, or causes to be conducted medical treatment of him or her voluntarily, the heir, relative or close person to him 381 shall reimburse that other person who has conducted, or caused to be conducted, the treatment for the expenses incurred in such treatment. Provided that if the treatment has been conducted, or caused to be conducted, with the intention of doing so gratuitously, the expenses need not be reimbursed.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 658: To bear expenses made by public bodies: If a person voluntarily
omits to follow the necessary health or safety measures required to be followed according to law for the protection of body, life or property of him or her or of the public, and if any government or public body follows, or causes to be followed, such measures, the person shall pay reasonable expenses incurred for that purpose even if he or she does not agree to follow, or cause to be followed, such measures.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 659: To reimburse amount paid by person interested in: If a contract
is so concluded that a person promises to pay any amount which another person is bound by law to pay and if that person fails to pay it, and other person who has to pay, pays it, the person concluding a contract shall reimburse such an amount to that person.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 660: To pay price or remuneration: If a person delivers any goods to
or does any work for another person, that other person shall pay the price of such goods or service or remuneration of the work to the person.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 661: Right to recover price of goods or services: If a person has
supplies any goods or service to another person who is incapable of conclusion of a contract under law or any one whom such incapable 382 person is legally responsible to support, the person may recover the price of such goods or service from the person receiving such goods or service.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 662: Property in custody to be kept as bailed property: If a person
keeps in any manner in his or her custody property owned by another as may be retained according to law, such a person shall keep such property as a property under bailment.
National Civil Code 2017
Part-5
Chapter-15: Provisions Relating to Indirect or Quasi-Contracts
Section 663: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit within two years after the date of accrual of the cause of action. 383
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 664: Unjust enrichment to be deemed:
(1) If any person gets any benefit or advantage from another person, without for the reason of doing any lawful act or fulfilling any obligation, the person who so gets the benefit or advantage shall be deemed to have got an unjust enrichment.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 664: Unjust enrichment to be deemed:
Subsection (2)
(1) If any person gets any benefit A person shall be deemed to have got an unjust enrichment under sub-section (1) in any of the following circumstances: (a) If there is an increment in his or her property or decrease in his or her liability, (b) If he or she receives a service from another or causes another to do a work, (c) If other’s property is used for him or her.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 664: Unjust enrichment to be deemed:
Subsection (3)
(1) If any person gets any benefit Notwithstanding anything contained in sub-section (1) or (2), even if any person gets any goods, service, benefit or advantage in any manner, except in any of the following circumstances, he or she shall be deemed to have got an unjust enrichment: (a) If any goods, service, benefit or advantage can be obtained from any person under a law or contract, (b) If the person, from whom any goods, service, benefit or advantage have been obtained, has agreed with free consent not to take back or reimburse the same. 384
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 664: Unjust enrichment to be deemed:
Subsection (4)
(1) If any person gets any benefit In determining whether or not and to what extent any person has got an unjust enrichment under this Chapter, no consideration shall be granted to any disadvantage or loss or damage caused thereby to him or her after he or she has got the unjust enrichment.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 664: Unjust enrichment to be deemed:
Subsection (5)
(1) If any person gets any benefit If a person gets an unjust enrichment pursuant to this Section, the person shall bear the obligation under this Chapter.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 665: Thing taken by mistake to be returned (solutio indebiti): If any
person takes or receives by mistake any goods which he or she is not entitled to take or receive, he or she shall return the goods to the person from whom he or she has taken or received them.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 666: To pay back debt paid by mistake: If a person pays a debt to
another person by mistake because the person thinks that he or she is bound to do so and proves that he or she is not bound to pay such debt, that other person who receives such amount shall return it to him or her.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 667: To return goods or amount taken with malafide intention and
benefits accrued therefrom: (1) If any person receives from another person with malafide intention any amount or goods in which he or she has no claim, he or she shall return to that other person such amount or goods and the interest to be chargeable on such amount under the law or the advantage or return accrued from such goods, from the date of receipt of such amount or goods to the date of their return. 385
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 667: To return goods or amount taken with malafide intention and
Subsection (2)
If the amount or goods received pursuant to sub-section
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 667: To return goods or amount taken with malafide intention and
Subsection (1)
are lost or damaged for any reason, he or she shall also pay the compensation therefor.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 668: To pay debt paid by third person: If a debt payable by a person is
paid by a third person without the debtor's knowledge, the debtor shall pay the debt to the person who has so paid it.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 669: Right to claim reimbursement if payable tax paid by another
person: If a tax payable by a person is paid by another person, that other person who has so paid the tax may claim reimbursement therefor from the person who is obliged to pay it. Explanation: For the purposes of this Chapter, the term “tax” means any type of government fee, charge, tariff, duty and fine, and also includes a local tax.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 670: Goods found may be kept upon giving information to police:
(1) If any person finds any goods in any manner, he or she may, having given a notice thereof, along with actual description thereof, to the police, safely retain such goods with him or her until the concerned owner is found.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 670: Goods found may be kept upon giving information to police:
Subsection (2)
(1) The concerned owner shall bear the expenses incurred in finding the owner of goods referred to in sub-section (1) and retaining such goods, and the finder of goods may retain the goods until the payment of such expenses.
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 670: Goods found may be kept upon giving information to police:
Subsection (3)
(1) If no person appears to claim the goods retained pursuant to sub-section (1) until three years, the goods shall belong to the finder. 386
National Civil Code 2017
Part-5
Chapter-16: Provisions Relating to Unjust Enrichment
Section 671: Statute of limitation: A person who is aggrieved from any act done
or action taken under this Chapter may make a lawsuit within two years after the date of accrual of the cause of action. 387
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 672: Tort deemed to be committed:
(1) No person shall cause loss or damage, in any manner, to another person's body, life or property or legally protected right or interest by the reason of commission or omission done, whether by any default, negligence or recklessness on the part of himself or herself or of any one else to whom he or she must bear obligation according to this Chapter.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 672: Tort deemed to be committed:
Subsection (2)
(1) No person shall cause loss or If the parties do not have any prior contractual relationship in relation to any commission or omission referred to in sub-section (1), the loss or damage resulted from such a commission or recklessness shall be deemed to be a tort. Explanation: For the purposes of this Chapter, the term "omission" means the state of failure of a person to do any act which the person is bound to do.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 672: Tort deemed to be committed:
Subsection (3)
(1) No person shall cause loss or A person who commits a tort pursuant to sub-section
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 672: Tort deemed to be committed:
Subsection (1)
(1) No person shall cause loss or shall bear liability under this Chapter.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 673: Parents to bear liability: The father and mother jointly living with
a minor below fourteen years of age, or if there is no father or mother, the person who exercises paternal authority over him or her shall be liable for a tort committed by such a minor.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 674: Guardian or curator to bear liability: The guardian or curator of
a person of unsound mind shall be responsible for and accordingly bear liability for any loss or damage caused by such a person.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 675: Employer to bear liability:
(1) Any person, firm, company or organization who employs a domestic helper, other worker or 388 employee in a work shall be liable for the loss or damage to another person, if any, resulted from any act done in good faith by such a helper, worker or employee in the course of doing such a work.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 675: Employer to bear liability:
Subsection (2)
(1) Any person, firm, company or Notwithstanding anything contained in sub-section (1), the worker or employee shall be personally liable for any act which he or she has done negligently or dishonestly.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 676: Owner of animal to bear liability for loss or damage caused by
animal:  The owner of an animal which is kept by or under the control of him or her shall be liable for any loss or damage caused by the animal to any one. Provided that the owner of animal shall not be liable for any loss or damage caused by the animal while being appropriately controlled by the owner by taking adequate safety measures according to its behavior or caused as a result of any act, default or negligence of the loss or damage sustaining person himself or herself. Explanation: For the purposes of this Section, the term "animal" means a domestic animal or wildlife or avian of any type under one's control, and also includes a domestic, reptile or wild avian as well.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 677: House-owner to bear liability for loss or damage caused by its
collapse: The concerned house-owner shall be liable for any kind of loss or damage, if any, caused to any one as a result of the collapse of the house, in whole or in part, or by any part of the house, whether during, or after the completion of, its construction. 389
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 678: Owner of property to bear liability: The concerned property
owner shall be liable for the loss or damage, if any, caused to any one as a result of the following: (a) An explosion owing to a failure to adopt safety measures properly according to the nature of a machine, equipment or engine, (b) A fire or explosion owing to a failure to adopt safety measures properly according to the nature of any inflammable or explosive substance, (c) Emission of excessive smoke, noise by any industrial enterprise in contravention of the specified standards, (d) A tree lying down or laid down on any highway, road, street or way except due to a disaster or an act by any third person, (e) Discharge of any infected or toxic substance or communicable disease carrying substance openly through a canal, ditch, pipe or sewerage, without adopting precautionary measures properly, in contravention of the specified standards.
National Civil Code 2017
Part-5
Chapter-17: Provisions Relating to Torts
Section 679: House-head to bear liability: The concerned house-head shall be
liable for the loss or damage, if any, caused to any one as a result of any kind of solid waste or goods thrown from the house. Explanation: For the purposes of this Section,-
National Civil Code 2017
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Chapter-17: Provisions Relating to Torts
Section 679: House-head to bear liability: The concerned house-head shall be
Subsection (1)
"House" means a house or shed, and also includes the structure of a house. 390
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Chapter-17: Provisions Relating to Torts
Section 679: House-head to bear liability: The concerned house-head shall be
Subsection (2)
"House-head" means a person who acts as the chief of family, and also includes, in the case of a tenant renting other’s house, the person who acts as the chief of the tenant’s family.
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Chapter-17: Provisions Relating to Torts
Section 680: To bear liability for trespass: A person who commits trespass to
other's property shall be liable for any loss or damage resulted from the trespass. Explanation: For the purposes of this Section, the term "trespass" means an unlawful entry into, taking possession of products of, unauthorized damage to, interference in, or unlawful encroachment on, a property that is under entitlement, possession or ownership of another person, in the case of an immovable property, and forcibly taking into custody, taking away, taking the advantage arising out of, or causing obstruction or hindrance in the use of, the property under entitlement, possession or ownership of another person, in the case of a movable property, and also includes an act of taking control of any type of property in an unauthorized manner.
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Chapter-17: Provisions Relating to Torts
Section 681: To bear liability jointly:
(1) If more than one person commit any act to be deemed a tort under this Chapter, each of such persons shall, except as otherwise proved, be jointly and severally liable for any damage caused by that act, in proportion to the culpability of the tort committed by each person.
National Civil Code 2017
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Chapter-17: Provisions Relating to Torts
Section 681: To bear liability jointly:
Subsection (2)
(1) If more than one person commit any If separate liability can be determined in proportion to the culpability of tort pursuant to sub-section (1), liability shall be borne accordingly, and if such determination cannot be made, all persons responsible for the tort shall bear liability on an equal basis. 391
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Chapter-17: Provisions Relating to Torts
Section 682: Compensation to be paid for liability:
(1) While bearing liability for a tort committed under this Chapter, the person who commits the tort shall pay compensation.
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Chapter-17: Provisions Relating to Torts
Section 682: Compensation to be paid for liability:
Subsection (2)
(1) While bearing liability Notwithstanding anything contained in sub-section (1), if any tort is committed under this Chapter as a result of any omission, fault, recklessness or negligence of the injured person also, the quantum of such compensation shall be lesser.
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Chapter-17: Provisions Relating to Torts
Section 682: Compensation to be paid for liability:
Subsection (3)
(1) While bearing liability The compensation referred to in sub-section (1) shall be limited to the actual loss or damage, and remote or unactual compensation shall not be recoverable.
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Chapter-17: Provisions Relating to Torts
Section 682: Compensation to be paid for liability:
Subsection (4)
(1) While bearing liability The compensation may be of any type, in the form of either cash or kind or service.
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Chapter-17: Provisions Relating to Torts
Section 682: Compensation to be paid for liability:
Subsection (5)
(1) While bearing liability If any loss or damage is caused under this Chapter, a person who suffers shall be entitled to claim for compensation, subject to this Chapter.
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Chapter-17: Provisions Relating to Torts
Section 682: Compensation to be paid for liability:
Subsection (6)
(1) While bearing liability If a claim is made for compensation pursuant to subsection (5), the court may order reasonable compensation to be paid.
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Chapter-17: Provisions Relating to Torts
Section 683: Not to bear liability if separate provision is made:
(1) Notwithstanding anything contained elsewhere in this Chapter, if a tort for which liability is to be borne under this Chapter is treated as a criminal offence under a law, or this Act or other law contains a separate provision or provides for a separate legal remedy in relation to such a tort, no liability under this Chapter may be borne.
National Civil Code 2017
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Chapter-17: Provisions Relating to Torts
Section 683: Not to bear liability if separate provision is made:
Subsection (2)
(1) Subject to sub-section (1), if the alleged tortfeasor proves that the tort for which liability is to be borne under this Chapter was resulted not from his or her negligence, recklessness, 392 fault or omission but from any other reason, he or she shall be released from the liability for such a tort.
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Chapter-17: Provisions Relating to Torts
Section 684: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit within six months after the date on which such an act was done or action was taken. 393
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 685: To be liable for defective product:
(1) No person shall produce any defective product and sell or distribute, or cause to be sold or distributed, any defective goods or service.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 685: To be liable for defective product:
Subsection (2)
(1) No person shall produce The producer of a defective product referred to in subsection (1) shall bear liability under this Chapter for the loss or damage, if any, caused to the body, life or property of any person as a result of the consumption of such product sold or distributed by any one. Explanation: For the purposes of this Chapter,-
National Civil Code 2017
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 685: To be liable for defective product:
Subsection (1)
(1) No person shall produce "Defective product" means any goods or service which, for any of the following reasons, lack the minimum safety measures that a person of general prudence reasonably expects while consuming any product: (a) Defective design, manufacturing, processing or installation, (b) Defective packing, safety or storage, (c) Defective presentation, (d) Lacking adequate measures or precautions to control the potential risk or danger according to the nature of the produced good or service.
National Civil Code 2017
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 685: To be liable for defective product:
Subsection (2)
(1) No person shall produce "Producer" means a producer who ultimately produces, sells and distributes any defective goods or service, and also includes the following person: 394 (a) The distributor or seller if the producer cannot be traced out, (b) In the case of any imported product, the importer of the defective product or the distributor or seller of such product.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 685: To be liable for defective product:
Subsection (3)
(1) No person shall produce "Good" means any industrial product for consumption by the public.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 686: Claimant to prove that product is defective: If any person makes
a claim that any good or service is a defective product and he or she has suffered injury to his or her body, life or property from the consumption thereof, he or she shall prove that there is the relationship between such defective product and the injury, and that such injury has resulted solely from the consumption of such product.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 687: To be in discharge of liability: Notwithstanding anything
contained in Section 685, the producer shall not be liable if he or she proves any of the following facts: (a) He or she has not produced, sold or distributed the defective product, (b) The goods or service that he or she produced, imported, sold or distributed was not defective at the time of production, import, sale or distribution or it became defective after the sale or distribution, (c) The goods or service that he or she produced has not been marketed, sold or distributed, 395 (d) The injury has been caused due to the consumer's failure to comply with the directions to be complied with while consuming the produced goods or service, (e) The injury has been caused because the consumer has not properly consumed the product or has consumed it otherwise, (f) One had no scientific or technical knowledge at the time of production or distribution of the goods or service that such goods or service was defective, (g) Information was given at the time of sale of the product, from which the injury has been caused, that it might cause injury if not consumed properly, (h) The goods or service has been consumed despite knowing or having a reasonable reason to know that it might cause loss or damage.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 688: Quantum of liability may be reduced: Notwithstanding anything
contained elsewhere in this Chapter, if it is proved that the injury has been caused due to both the producer and the consumer of a defective product, the producer's liability may be reduced proportionately. Provided that if such injury has resulted in a loss or damage to a third party, the quantum of liability may not be reduced in the case of such a party.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 689: Product not deemed to be defective: Goods or service consumed
by a person shall not be considered to be a defective product merely 396 by the reason that any goods or service of quality higher than that of such goods or service is available in the market.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 690: Not to prejudice other right: Nothing contained in this Chapter
shall prejudice the right, interest or claim available under a law or contract to any person whose body, life or property has been affected from a defective product.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 691: Statute of limitation: A person who is aggrieved from any act
done or action taken under this Chapter may make a lawsuit within one year from the date on which such an act was done or action taken. 397
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 692: Provisions of this Part to apply:
(1) The provisions of this Part shall apply to any matter relating to private legal relationship involving a foreigner, foreign object or any act done in a foreign country.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 692: Provisions of this Part to apply:
Subsection (2)
(1) The provisions of this Part Without prejudice to the generality of sub-section (1), the provisions of this sub-section shall apply, in particular, to the following matters: (a) Legal status of a foreigner and his or her capacity, (b) Matters relating to matrimonial relationship, paternal and maternal and other family relationship or partition or succession, with at least one of the related parties whereof being a foreigner, or the place of execution of any act or action related thereto being situated outside Nepal, (c) Matter relating to a property situated in a foreign country, with at least one of the concerned parties being a foreigner, (d) Matter relating to a contractual or non-contractual right or obligation, with at least one party being a foreigner, (e) Matter relating to a contract made in a foreign country. 398 Explanation: For the purposes of this Part, the term “foreigner” means a foreign natural person or body corporate, and also includes a foreign state.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 693: Legal capacity of foreigner to be determined:
(1) The legal capacity of any foreign natural person shall be determined according to the law of the country of his or her nationality.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 693: Legal capacity of foreigner to be determined:
Subsection (2)
(1) The legal If the nationality of a foreign natural person cannot be ascertained pursuant to sub-section (1), his or her capacity shall be determined according to the law of the country of his or her habitual residence, and even if such residence cannot be ascertained, according to the law of the country where he or she is residing for the time being.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 693: Legal capacity of foreigner to be determined:
Subsection (3)
(1) The legal The legal capacity or status of a body corporate shall be determined according to the law of the country where it is registered, if the country of registration cannot be so ascertained, according to the law of the country where the headquarters of such body is located, and if even such a country cannot be ascertained, according to the law of the country where the place of transaction of such a body is located.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 694: Presumption of disappearance or death of foreigner:
(1) If a presumption of the disappearance or death of a foreigner has to be made, the matter shall be determined according to the law of the country of his or her nationality.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 694: Presumption of disappearance or death of foreigner:
Subsection (2)
(1) If a If the nationality of a foreigner cannot be ascertained pursuant to sub-section (1), it shall be determined according to the 399 law of the country of his or her habitual residence, and even if such residence cannot be ascertained, according to the law of the country of his or her residence immediately before making presumption of his or her disappearance or death.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 695: Successor to be determined according to foreign law: While
determining the successor to a foreigner residing in Nepal when his or her property is open for succession, the successor shall be determined according to the law of the country of his or her nationality, if such country cannot be determined, according to the law of the country of his or her habitual residence, and if even such residence cannot be ascertained, according to the law of the country where he or she is residing for the time being.
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Chapter-18: Provisions Relating to Liability for Defective Products
Section 696: Determination of succession of deceased:
(1) If succession is open because of the death of any foreigner in Nepal and it is therefore necessary to determine his or her successor to the property situated in Nepal and the order of preference thereof, it shall be determined according to the law of the country of his or her nationality at the time of his or her death.