Abstract
Prevention is part of existing tort law. However, this contribution presents its a new form under a new paradigm.
It is constructed as a duty of a Samaritan to act vis a vis threatened goods, which he has no linkedge in order to prevent damage or to mitigate it. In case of violation of this duty Samaritan is to be held liable.
The consequence is a new duty of compensation of a damage which could be prevented. This new liability should be established in harmony with the principle of proportionality in order not to contradict with a principle of party autonomy.