Abstract

The article discusses the question whether the exclusive fault of a third person, which is one of the classic exonerating circumstances, can result in avoiding strict tort liability even if the party responsible for the damage has not been identified. The author discusses the achievements of the doctrine and court decisions on this subject and analyses, among other things, the possibility of using the construction of anonymous fault to determine the culpable behaviour of an unidentified perpetrator of tort. The study also deals with the issue of a uniform definition of fault regardless of whether it refers to the perpetrator of tort or another person.