Civil Liabilities

Civil liability derives from:

• The law.
• Contracts and quasi-contracts.
• Unlawful acts and omissions ( crimes) or if there is guilt or negligence.

Requires injurious act by intention or negligence, causal link between the damage produced and, as a consequence, a breach of contract injury. It can also be the result of damage that results directly from the liability of the tortfeasor.

It involves repairing the damage caused or restoring the injured good and compensation for damages.

There are two types: Contractual Liability , Non-contractual liability . Mixed figure: Mispractice

Contractual civil liability

Contractual liability is the total of legal obligations resulting from the signing of a contract.

In this type of liability there is no link between the partners involved before the signing of the contract. It implies lack of diligence and lack of foresight on the part of the author of the act, which causes a failure to comply with his obligations and generates the obligation to compensate.

Kinds of contracts

Unilateral contract . It is a contract in which one partner is obliged, but the other has no obligation of any sort. For example: the credit contract.

Bilateral contract

. In this kind of contract both parties are obliged. For example, in a sales contract: one partner agrees to deliver something and the other agrees to pay for it.

Free contract . Only one partner benefits from the contract. For example, the donation contract.

Onerous contract . Both partners get a benefit; they have reciprocal obligations and economic advantages.

Main contract . A contract is a principal when it does not need another to exist, such as a rental agreement.

Accessory contract . Also called warranty contracts. In this case, the contract needs another agreement to exist. For example, a contract that requires the payment of a deposit.

Contract of goods . Contract in that it is necessary the delivery of something to perfect them, and in addition it is necessary the consent of the parties, As in the cases of credit or deposit.

Solemn contract . When it is required that certain formalities established by law are accomplished. For example, the mortgage contract.

Consensual contract . Those contracts that are concluded with simple consent, such as the employment contract, whereby an employment relationship can be recognized without the existence of a contract.

Commutative contract . Those cases in which one of the partners is obliged to do something equivalent to what the other partner is going to do.

Shuffle Contract . In uncertain cases when it depends on chance.

If you get into a situation of contractual liability, whether you have been harmed or you have caused the damage or you have been advised that you could have caused the damage, get in contact with Iurium Consulta because we are experts in contractual damages.

Non-contractual civil liability

We consider civil liability to be extra-contractual when we are obliged to compensate for damage we have caused to third persons without the existence of a contract. In these cases there was not necessarily a link or relationship between the persons involved before the event took place.

Types:

Non-contractual civil liability for own acts.

In this sense, we could differentiate between:

• Objective Liability : it derives from the relationship of causality between the action of the agent and the damage produced, independently of the fraudulent or culpable action of the agent.
• Subjective Liability : the liability is generated as a result of the intentional or negligent action of the agent who caused the damage.

Non-contractual civil liability for the actions of others.

Liability is due not only for one's own acts or omissions, but also for those of the persons to which one must report: for example, parents with respect to their children, employers with respect to their employees...

If you are in a situation of non-contractual liability, whether you have been injured or have caused the damage yourself, or whether you have been advised that you could have caused the damage, get in contact with Iurium Consulta because we are experts in non-contractual damages.

Malpractice and Liability

Halfway between contractual and non-contractual civil liability.

The violation of the professional's obligations of conduct generates responsibility for the civil contractual infraction, or alternatively, the non-contractual route is used and the concurrence of both types of responsibilities is admitted. In this sense, the majority of courts hold that the injured person can choose between both actions of compensation (exercising them even alternatively and subsidiarily): the one originated by the contract and the one derived from the illegal extra-contractual act.

The idea of malpractice is used with respect to the liability that a professional has when he or she acts in a negligent way. If a doctor, lawyer or other professional does not act according to the technical criteria of their area, they incur malpractice.

The notion usually appears in the sphere of medicine. Medical malpractice occurs when, either by omission or by action, a medical practitioner commits a failure to manipulate his patient's body or to prescribe drugs. This conduct involves negligence, imprudence or incompetence on the part of the specialist.

It is often claimed that medical malpractice causes harm as opposed to cure or mitigation. This harm is caused by the medical practitioner performing an inappropriate act and failing to comply with the standards, norms and parameters ruling his or her profession.

If you are affected by professional malpractice or if you are a professional who is involved in a possible malpractice procedure, do not hesitate to contact with IURIUM CONSULTA as experts in malpractice liability