11. Non-contractual or Civil Liability

Question 1

What is non-contractual liability?

Answer 1

A person who by an act or omission causes damage to another, concurring fault or negligence, of a general rule of conduct which causes damages.

Question 2

Requirements for non-contractual liability:

Answer 2

1. Unlawful act or omission.
2. Faul-based liability or dolus.
3. Damage.
4. Causation (casual link).

Question 3

For the existence of civil liability it is necessary that the damage is attributable to the…

Answer 3

…agent, either because he had the intention to cause it or did not act with the sufficient diligence.

Question 4

Dolus is graver than fault.

Answer 4

TRUE.
It is caused in purpose.

Question 5

Fault or negligence shall be understood as the…

Answer 5

…omission of the necessary diligence to prevent the damage.

Question 6

Who is to proof for the existence/no existence of fault?

Answer 6

The courts have changed the rule so that the agent is presume to have acted with fault: it is for the person who produces the damage to proof that it didnt take place due to his fault.

Question 7

Requisites for damage:

Answer 7

1. Real.
2. Certain (valuable).
3. Present or future but not hypothetical.
4. Economic (to properties) or personal (personal injuries).
5. Moral damage.

Question 8

What are the interferences in the causation of the non-contractual liability that might limit the liability of the agent or totally exonerate him?

Answer 8

1. Acts of God.
2. Intervention of third parties: damage cannot be attributed to the defendant. If the causation is not totally broken by the intervention of a third party, the compensation still has to be distributed between the agent and the third party.
3. Contributory negligence: when the conduct of the agent is joined by the negligence conduct of the victim.
4. Fault of the victim: if it is the only cause of the damage.

Question 9

How much is the time you have to claim non-contractual liability?

Answer 9

1 year.

Question 10

Parents are liable for:

Answer 10

Damages caused by their children who are under their guard.

Question 11

Guardians are liable for:

Answer 11

Damages caused by the minors or incapable persons under their authority and that live with them.

Question 12

Owners and managers of establishments and undertakings are liable for:

Answer 12

Damages caused by their employees in their servicing of the area in which they are employed or in the performance of their duties.

Question 13

Owners of education centres are liable for:

Answer 13

Damages that their students UNDER AGE may cause DURING THE PERIODS OF TIME while they are under their control or surveillance of the school teachers when performing curricular or extracurricular and complementary activities.

Question 14

The owner of an animal is liable for the…

Answer 14

damages it causes even if it has lost or escaped from the owner, unless there was negligence from the victim.

Question 15

In the case of a collapse of a building, the person liable for damages resulting from the collapse of all or part thereof is…

Answer 15

…the owner of the building, as a result of a failure to make the necessary repairs.

In the case of a construction defect, the architect is liable.

Question 16

In the case of dangerous or damaging industrial activities…

Answer 16

…the owner shall be liable for damages caused by: explosions of machines, inflammation of explosive substances, excessive fumes harmful to persons or properties, emanations of drains or deposits of infectious material.

Question 17

In the case of falling objects…

Answer 17

…The owns of such is liable, unless act of god.

Question 18

What is strict liability?

Answer 18

It attributes to a person the damage produced by an activity independently of the diligence observed in the conduct: e.g. nuclear damage, damage done by radioactive materials, defective products…