Non-contractual or civil liability

Tort Law
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.

Art. 1902 C.C: “A person who by an act or omission causes

damage to another, concurring fault or negligence, is bound to
repair the damage caused”.

It is one of the sources of obligations.

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.
 Requirements

1.- Any act or omission that produces damage (a driver runs

with his car over a pedestrian or a worker does not signal a
ditch and someone falls inside).
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.
 Liability for others

There are persons liable for the negligent acts or omissions

carried out by agents under their control:
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.

The grounds for this liability is the lack of proper watch over,
education or election of a more suitable person for the job.