نوع مقاله : پژوهشی
عنوان مقاله [English]
In cases of damage, we sometimes face a situation in which the physical, mental, social and economic conditions of the injured party can influence the damage or its amount; in these cases, the question is can the agent rely on these conditions to reduce his responsibility and if yes, under what circumstances. It seems that, considering the general inclination in the most of the legal systems in the world, it is better to distinguish among different conditions of the injured party. Also, we should believe that the agent can rely on these conditions to relieve his responsibility in two occasions. First, when the physical, mental, social and economic conditions of the injured party causes the damage such that if he/she had not been in that conditions there would have been no damage. Second, when the social and economic conditions of the injured party aggravates the damage. However, in these cases the intention of the agent or prediction of the injured party’s condition by the agent, prevents the influence of this condition on the agent.