Page:The Civil code of Japan (IA cu31924069576704).pdf/206

A minor who has caused damage to another is bound to make compensation for his act, if he had sufficient mental capacity to understand his responsibility for his act.

If a person while in a condition of mental unsoundness causes damage to another, he is not bound to make compensation, unless by his own bad faith or fault he had put himself temporarily into such condition.

When in the cases mentioned in the preceding two articles the incapacitated person is not bound to make compensation, the person whose legal duty it was to control him is bound to make compensation for damage caused to a third person by him; but only in case he has failed to perform his duty of control.

The same responsibility rests upon a person who has exercised control over an incapacitated person in the place of the person legally bound to do so.

If a person has employed another for a certain business, and the latter causes damage to a third person in the course of the execution of such business, the employer is bound to make compensation, unless he has used due care in the selection of the person employed and in the control of the business, or unless the damage would have happened even though such care had been used.