Civil liability in Mali: fault, damages, parents, employers and custodians of things
Who must compensate damage in Mali under the 1987 General Law of Obligations: fault, causation, force majeure, liability of parents, employers and custodians of things, limitation and penalty clauses, late-payment interest, undue payment.
An employee injures a customer, a wall collapses on a car, a supplier delivers late: the question is always the same. Who pays, and how much? In Mali the answers are in Title III of the General Law of Obligations (1987), articles 113 to 162. This page summarises them for entrepreneurs, property owners and individuals.
Please note: these are general rules. A special regime (road accident, work accident, insurance) may also apply. In a dispute, get a lawyer's help.
Key points (text checked on 19 October 2026)
- Liability means an obligation to make good the harm caused, either by breach of a contract or by breaching the general duty to cause no harm to others (article 113).
- The damage, material or moral, must be certain and direct and linked to its author by cause and effect (articles 114 and 116).
- You can never contract out of liability for harm to a person, or for your own fraud (dol) or gross negligence (article 117).
- Parents, employers and custodians of things or animals also answer for harm caused by those in their charge or by what they keep (articles 140 to 153).
Damage and causation
| Point | What the law says |
|---|---|
| Nature of the damage | material or moral, present or future, but always certain and direct; it gives rise to liability if it infringes a right (article 114) |
| Date of assessment | the day of the judgment (article 115) |
| Causation | a cause-and-effect relationship between the triggering act and the damage (article 116) |
| Several authors | the obligation to compensate falls jointly and severally on everyone who helped cause the damage (article 118) |
What you cannot exclude by contract
The liability rules are public policy, except for the clauses allowed by article 134. A debtor can in no way exclude liability for harm to a person, for the consequences of their own fraud or gross negligence, or for the fraud or gross negligence of their agents (article 117).
When you are not liable
| Cause | Effect (articles 119 to 122) |
|---|---|
| Force majeure or fortuitous event | no liability if the event is external, unforeseeable and unavoidable; the author's fault cancels this effect if the event would otherwise have had no effect |
| Victim's fault | reduces liability to the extent it contributed to the harm; may remove it if it has the features of force majeure for the author |
| Self-defence | no liability if the act was done reasonably to defend oneself, another person or goods one lawfully holds |
A person who, by their natural condition, was unable to appreciate their act commits no fault. The act may still oblige them to compensate or count towards a partial or total exemption (article 128).
Fault and compensation
Fault. Anyone who harms another through their fault, even by imprudence, clumsiness or negligence, must make it good (article 125). Fault is a breach of a pre-existing obligation (article 126). The judge assesses it against the conduct of a prudent and diligent person, given the circumstances (article 129).
Abuse of right. A person commits a fault by using a right solely to harm another, or for a purpose contrary to its aim (article 127).
Compensation. If the victim asks, repair in kind must be ordered whenever restoration is possible, without prejudice to additional damages; otherwise compensation is by equivalent (article 123). Damages are set so that the victim obtains reparation of the harm suffered (article 124).
When a contract is not performed
| Point | Rule (articles 130 to 133) |
|---|---|
| Formal notice | the creditor can claim compensation only after serving the debtor with notice (mise en demeure), unless the law or contract dispenses with it, or the thing could only be done within a certain time that the debtor let pass |
| Obligation of means | the debtor is liable only if it is proved they did not bring all the diligence of a good head of household |
| Obligation of result | the debtor is liable as soon as the result is not achieved, unless they prove force majeure or a third party's act with its features |
| Amount | except for fraud or gross negligence, the debtor owes only the damages provided for in the contract |
Limitation clauses and penalty clauses
- Clauses that limit the parties' obligations are valid, provided they do not remove liability entirely; the parties may also aggravate them, subject to public policy (article 134).
- Through a written penalty clause, parties undertake to pay a fixed sum for partial, late or defective performance. Paying the clause for delay does not excuse performance (article 135).
- The penalty clause binds the parties and the judge, who may nonetheless reduce or increase it if manifestly excessive or derisory (article 136).
- A penalty clause that limits liability is disregarded for fraud, gross negligence or harm to a person's physical integrity. If the main contract is void, so is the clause; the reverse is not true (article 137).
Late-payment interest
Where the obligation is to pay money, the creditor is entitled to interest by the mere fact of delay, without proving loss, from the formal notice or from the day payment was due if no notice is required (article 138). Accrued interest can itself earn interest, by court claim or special agreement, if it is due for at least one year; rents earn interest from the day of the claim (article 139).
Answering for those in your charge
| Who | For whom | How to escape liability |
|---|---|---|
| Parent with custody (arts. 141 and 142) | minor child living with them | prove no fault in supervision or upbringing and that they could not prevent the act |
| Master or craftsman (art. 143) | their apprentices, while under supervision | prove they could not prevent the act |
| Employer (commettant) (arts. 144 to 146) | employees and domestic staff, when they incur liability in the course of their duties | none in this article: only an act independent of the employment link excludes it |
| Teacher or institution (arts. 147 and 148) | pupils under supervision; minors entrusted to an institution | the claimant must prove the fault, imprudence or negligence alleged |
For employers: people acting on behalf of a legal entity bind it on the same terms (article 144). The employer remains liable if the employee's act is connected in any way with their duties (article 145). The victim may sue the employee directly, with or without the employer, and an employer who has paid keeps a right of recourse against the employee (article 146).
In public education, the liability of the State replaces that of the teachers; the action before the civil court is time-barred after three years from the harmful act (article 148).
Things and animals
- Anyone answers for damage caused by things or animals in their custody (article 149).
- Custody is the power of use, direction and control. It passes to someone else when the owner entrusts them with the thing or animal, or a third party uses it without the owner's will (article 150).
- The harm caused is enough to establish the custodian's liability, who is exempt in whole or part by proving force majeure, a third party's act or the victim's fault (article 151).
- Collapse of a building: the owner is primarily liable to the victim, even without custody or knowledge of the defect, if the collapse came from poor maintenance or a construction defect (article 152).
- Fire: whoever holds all or part of the building where the fire started is liable to third parties only if the fire is due to their fault or that of people they answer for (article 153).
For works and construction, see also the building permit in Bamako. After a road accident, see the accident report.
"Beneficial" facts: managing another's affairs, undue payment, unjust enrichment
| Situation | Rule (articles 154 to 162) |
|---|---|
| Management of another's affairs | whoever voluntarily and usefully manages someone else's affairs without objection must continue until the owner or heirs can take over, as a good head of household; the owner reimburses useful and necessary expenses and is bound by commitments made in their name |
| Return of undue payment | whoever pays without cause, through mistake or duress, may claim repetition; whoever received in bad faith returns the thing and its fruits, or its value if sold or lost |
| Unjust enrichment | whoever is enriched without a legal act at another's expense must compensate them up to their enrichment and the other's loss; the action is inadmissible if the loss came from the impoverished party's fault or if another legal remedy exists |
Going further
- Rules on forming and performing contracts: making a valid contract in Mali.
- Enforcing a decision: the judicial officer and debt recovery.
- Employee accidents: INPS contributions and benefits.
Frequently asked questions
Is an employer liable for an employee's faults?
Yes, when the employee incurs liability in the course of their duties, or their act is connected in any way with them. The victim may also sue the employee directly.
Can a contract clause exclude all liability?
No. Limitation clauses are valid, but they cannot remove liability entirely or exclude personal injury, fraud or gross negligence.
Who answers for a collapsing wall?
The building's owner, primarily, if the collapse came from poor maintenance or a construction defect, even if they did not have custody of it.
Must I serve formal notice before claiming compensation for a contract not performed?
In principle yes, unless the law or the contract dispenses with it. For a sum of money, late-payment interest runs from the formal notice.
Official source (checked on 19 October 2026)
- General Secretariat of the Government of Mali, General Law of Obligations, law of 29 August 1987 (French), articles 113 to 162.