عنوان مقاله [English]
According to the rules governing to civil liability, the condition of damage predictability plays a crucial role in the damage compensation and it is true about contractual and Forcible liability. About governing criteria upon this condition, there is no clear text whether this criterion is personal or based on custom? The mere status of defendant in personal criterion take into consideration and whether other persons who usually predictable not be attentioned and in custom criterion the mere custom regardless of what's happening in defendant mind take into account. This study which reviews Iran's Law and England, analyze Lawyers and jurists Imami decisions and believes besides relevant legal articles, by collecting these two criterion, the criterion in contractual and non-contractual liability introduced an ordinary human who take the place of defendant and cognizant of circumstance considered as an arbitration criterion. Due to the existence of this condition in contractual and non-contractual liability in the England's Law, a comparative study of this topic is useful.