Question juridique clé
Whether the cantonal court wrongly refused to apply Art. 42(2) CO to the claimed material damage
Solution extraite
Art. 42(2) CO was not applicable because the claimant had not alleged or established the factual elements that could reasonably be expected from him to show the existence and extent of the damage.
Motifs extraits
The court held that the provision only facilitates estimation once damage is sufficiently substantiated; it does not relieve the injured party from bringing available concrete indications. Here the claimant failed to prove the alleged transport costs, home-care time and related loss with sufficient evidence.