Key legal question
Whether the employee's contractual liability under Art. 321e CO was excluded by temporary incapacity of discernment.
Extracted holding
The contract breach was established, but the worker was not held liable under Art. 321e CO because the courts relied instead on equitable liability under Art. 54 CO.
Extracted reasoning
The Federal Supreme Court held that the cantonal court had not applied Art. 321e CO despite lack of fault; rather, it accepted the contractual breach and then examined whether equitable liability under Art. 54 CO could still be imposed in light of the incapacity of discernment.