The liability rights
What is the meaning of “liability” ? Linguists will tell us that the word « liability » is declined from the “possibility to be considered responsible for…”, but it can also mean “to be responsible of…”.
Liability means that one can be held responsible for the realization of a certain action , or be liable against a certain person.
The liability rights concern the retribution of damages caused to a person by another person who has made a mistake (for instance ignoring a traffic light, or the non delivery of a good being the direct consequence of a caused damage).
A distinction is made between the contractual liability and the liability out of contract.
The retribution of the damage is the total of means used to replace the victim in the state it would still be in if the mistake would not have happened.
To obtain a retribution, three conditions must be fulfilled : the fault, the damage and the relation of cause to effect between both.
The damage can be defined as the negative result of a comparison between two situations, the present situation and the hypothetical situation in which the victim would be if the damage had not been caused.
The contractual responsibility is the consequence of an infringement of a contractual rule. This responsibility comes from the non respect of contractual engagements.
The action or the accomplished negligence must be evaluated against the execution of the contractual engagements.
In the case of a contract, this action or negligence has been accomplished, what creates a number of rights, The way in which the action was accomplished has been at fault but remains within the terms of the contract, within the terms of the law.
A difference is made between a convention of actions and a convention of results. If an infringement is made against the terms of a convention of results, the sole proof of the infringement suffices for the presumption of the mistake. In the case of a convention of actions the infringement of the precaution norms must be proved.
The liability out of contract occurs when somebody commits an infringement against the general norms of precaution (article 1382 of the Civil Code) . The general norm of precaution is infringed when the person who has done the damage has not handled “ as a good parent” or if that person has not respected the normal expected precautions.
Although the contractual liability and the non contractual liability grow closer together, differences are still existing mainly in the definition of the « committed fault », of the means of proof of the capability, of the determination of the amounts needed to repair the damage, of the international laws. Etc...
The Samir Baki Law Firm can assist you when confronted with a responsibility request or when you are the victim of someone elses fault.
You can contact us for:
- Counselling and assistance in a matter of liability request
- Assistance as plaintiff or defendant in the various courts
- The introduction of the defence in a request for responsibility after a road accident
- Counselling and assistance in matters of liability caused by third parties as parents, teachers and representatives
- Counselling and assistance in cases of liability concerning faults in products, buildings, animals and in the scope of the product liability laws
- Counselling and assistance in the case of faults committed by a co-contractant who caused damages
- Counselling and assistance in cases of liability of authorities
- Counselling and assistance in the case of disputes about liabilities
- The request for an advice from a judicial expert
- The financial evaluation of the caused damages
- The introduction of a request before the Commission of Assistance to Victims of Voluntary Violences and to the Occasional Rescuers.