chapter 21

Liability in Tort

The legal responsibility for compensating individuals for material and non-material damages resulting from a civil wrong.

Compensation

The process of providing restitution for physical injuries, harm to identity, reputation, social standing, and other non-material interests.

Unjust Damage

The concept addressing when an injury or loss should be compensated by another party.

Causation

A criterion for determining liability that establishes a direct link between the conduct and the harm caused.

Blameworthy Conduct

Conduct that is deemed intentional or negligent, contributing to the establishment of tortious liability.

Material Losses

Easily quantifiable damages such as financial loss or property damage.

Non-Material Losses

Harder to quantify damages that may include emotional distress or harm to reputation.

Tortious Liability

Legal responsibility arising from committing a civil wrong without a preexisting legal relationship between parties.

Civil Wrong (Tort)

An act or fact harmful to an interest protected by law, resulting in detriment to another person.

Distinction Between Torts and Unlawful Acts

Torts do not require a pre-existing legal relationship, while unlawful acts do.

Article 2043 Civil Code

Defines a civil wrong as any intentional or negligent act causing unjust damage to others.

Requirements for Tortious Liability

Intentional or negligent conduct, unjust damage, and causation.

Strict Liability

A legal concept where a person is liable for damages regardless of intent or negligence.

Key Situations of Strict Liability

Includes liability of parents, employers, for dangerous activities, custody of things, building collapse, and product liability.

Injury and Damage

Refers to material loss or injury, with legal meanings including injury to an interest and prejudice or loss.

Compensation for Non-Patrimonial Damage

Allowed only in cases defined by law, as specified in Article 2059 Civil Code.

Remedies in Tort Law

Aims to restore the injured party to their original position through monetary compensation or restitution.

Calculating Damage

Involves assessing loss sustained, lost profits, and equitable liquidation of damages.

Contributory Negligence

A principle where compensation is reduced proportionally if the injured party contributed to the damage.