In the legal field, the concept responsibility contractual part of a general principle: that it cause any damage to another is obliged to compensate him. It is called non-contractual because the damage caused to someone is not associated with a prior contract. In some cases, the contractual concept is compatible with the existence of a contract because although there is an established contract, the damage has no relation to the contract content. Non contractual Liability
It should be noted, on the other hand, that the damage or loss caused may be negligent or intentional. There is guilt when there is no intention to cause harm and there is intent when there is a clear intention to harm the other.
Someone’s non-contractual liability must incorporate a series of conditions
First, there must be an illegitimate action or omission to cause harm. For example, in a traffic accident , the action would be a pedestrian running over; in the medical field, when a surgeon does not properly suture a wound, he is omitting a responsibility that causes harm to the patient. Non contractual Liability
In some exceptional cases, harm can occur without any associated liability, for example, injuring someone in self-defense or when an individual with a mental disability causes harm to another.
Second, there is non-contractual liability when there is willful misconduct (clear intention to cause harm) or some kind of fault (there is no purpose to cause harm, but when it occurs negligently and there is harm to another person ).
Thirdly, there must be a causal link between the action and the damage produced
Thus, in a traffic accident there is extra-contractual liability when the driver commits negligence that directly causes a pedestrian to be run over. If there was no causal link, there would be no legal liability.
Lastly, there must be certainty of damage
Damage can be of various types: property, moral, personal or loss of profit . Loss of profit occurs when the affected person ceases to benefit as a result of an illegitimate action. In any case, the certainty of damage exists when it can be clearly demonstrated. Non contractual Liability
Finally, to talk about non-contractual liability, it is necessary to fulfill the four requirements mentioned above. When one of them does not occur, this type of responsibility ceases to exist.