Facts
The case concerns a matter of transmission of the HIV virus following an unprotected sexual relationship. The defendant, X., concealed his serological status from his partner, Y., who was subsequently infected. Y. and her daughter, A., brought an action against X. to obtain compensation for the harm suffered.
The court of first instance condemned X. to pay compensation of 80,000 Swiss francs to Y. and 20,000 Swiss francs to A. Y. and A. appealed against this decision, requesting higher compensation.
However, in their appeal, Y. and A. did not quantify their claims, which is an essential element for determining the subject of the dispute.
Considerations
1. The principle of quantification of claims
The Federal Court recalled that, in principle, claims relating to civil claims must be quantified in the appeal as well as in the appeal for reform. This means that the parties must specify the exact amount they are claiming.
2. The application of the principle of quantification of claims
In the present case, Y. and A. did not quantify their claims, which means they did not specify the exact amount they are claiming. The…