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SEMMELWEIS UNIVERSITY
36
TORT LIABILITY RULES
PART 6. THE STUDENTS’ LIABILITY FOR DAMAGE
Act, Section 72 (1) If the student causes damage in relation to fulfilling their obligations
as a student to the institution of higher education or to the entity organising the practical
education, they will be liable to pay damages under the Civil Code with the exception
specified in the Act on Higher Education.
Section 38 For the purpose of these rules, damage includes any decrease in the value of
Semmelweis University’s assets and the costs required to reduce or eliminate the material losses
(reasonable costs) if these have been caused by the student’s illegal and imputable conduct
(actions or omissions).
Section 39 The University will be required to prove that damage has arisen, the extent of the
damage, that the damage has been caused by the student’s conduct, and the student’s personal
responsibility for the damage.
Act, Section 72 (2) If damage is caused by negligent conduct, the amount of damages to
be paid by the student may not exceed 50% of the monthly amount of the national
minimum wage effective on the day the damage is caused.
Section 40 The damage is deemed to have been caused by negligence if the person responsible
can see the potential negative effects of their conduct but carelessly believes that they will not
occur, or if the person responsible for the damage is unable to see the potential negative effects
because they fail to pay attention or fail to act with due care as expected in the given
circumstances.
Act, Section 72 (2) If the damage is caused intentionally, the student must pay full
compensation for the damage.
Section 41 Damage is caused intentionally if the person responsible for the damage wants to
produce the negative effects of their conduct or does not mind such negative effects.
Section 42 If more than one student cause the damage together, they will be jointly and severally
liable to the University for the damage and, among themselves, will be responsible for a share of
the compensation in proportion of how imputable their conduct was.
Act, Section 72 (3) If the student receives assets from the University on the basis of a list
or certificate of receipt and must return these or otherwise account for them but there is
a deficiency or the assets are damaged, the student will have full responsibility for the
damage caused provided that the assets are in their custody or are used/handled by them
exclusively. The student will be exempt from liability if the deficiency has been caused by
a reason beyond the student’s control.
Section 43 The student will be exempt from liability if the student can prove that they have acted
in a manner that can be considered reasonable in the given circumstances.
Section 44
(1) The student’s liability under tort is established by the disciplinary committee in a procedure
conducted by the committee. The procedure is the same as the disciplinary procedure.
(2) If damage is caused but no disciplinary offence is committed, and the person required to pay