Topic 5 Non-contractual or Civil liability, Tort Law

Question 1

When does civil liability arise?

Answer 1

Civil liability arises when there is no contractual relationship but one person suffers harm as a consequence of a wrongdoing (act or omission) of another person.

Question 2

Art. 1902 C.C:

Answer 2

A person who by an act or omission causes damage to another, concurring fault or negligence, is bound to repair the damage caused”.

Question 3

Deffinition of non contractual liability.

Answer 3

Non-contractual liability arises when there is a breach, through fault of negligence, of a general rule of conduct (not to harm others) which causes damages.

The person who suffers the harm will obtain a monetary compensation, a restitutio in natura, or a combination of both.

Question 4

What are the Requirements for non contractual liability? (3 requirements)

Answer 4

1.- Any act or omission that produces damage
Both conscious acts and unintentional acts.
The breach of the the general principle not to harm others entails the obligation to compensate the damage caused.

2.- Fault or negligence: omission of the necessary diligence to prevent the damage. Either he had the intention to cause the damage or he did not act with sufficient diligence to prevent such damage. The defendant owed a duty of reasonable care.

3.- Damage: the obligation to compensate only arises when the negligent conduct causes damage.
Damage = loss + loss of profit.
The damage can be inflicted to property and/or to persons.

4. Causality link between the wrongdoing and the damage.
   Limits/exoneration of the civil liability:
   a. Force majeure.
   b. Intervention of a third party.
   c. Fault of the victim: if there are concurrence of faults the consequences of the damage will be distributed between the agent and the victim.

Question 5

Who are the people liable for the negligent acts or omissions carried out by agents under their control:

Answer 5

1. Parents and tutors for their children, minors or incapable persons who are under their guard.
2. Owners or managers of schools for the damages caused by students (minors) during school time.
3. Employers for the damages caused by their employees in the performance of their duties.

Question 6

Joint and several obligation definitions

Answer 6

Joint obligation: only liable for your tings e.g. you pay your rent (500$) and not your roommates.
Several obligation: you can be liable for your and other’s responsibility. e. g. You pay your rent (500$) and your roommates rent (500$). Total (1000$)