Page:The Civil code of Japan (IA cu31924069576704).pdf/207

The same responsibility rests upon a person who has exercised control of the business in place of the employer.

These provisions do not affect the right of recourse of the employer or of the person who controlled the business against the person employed.

The employer of a contractor is not liable for damage done by the contractor to a third person in the course of the work, unless the employer was at fault in regard to the work ordered or to his directions to the contractor.

If damage is caused to a third person by a defect in the construction or maintenance of a structure erected on land, the possessor of such structure is bound to make compensation for the damage to the person injured; but if the possessor has used due care to prevent the happening of the damage, the owner is bound to make compensation.

These provisions apply correspondingly to defects in respect to the planting or propping up of bamboos or trees.

If in those cases there is also some other person who is responsibbe in respect to the cause of the damage, the possessor or owner has a right of recourse against such person.

The possessor of an animal is bound to make compensation for any damage caused by the animal to