Definition of

Civil liability

Obligation

Civil liability implies an obligation to repair for damage that was caused.

Civil liability is the obligation of a subject to repair , through monetary compensation , damage that has been caused to another person. Typically, civil liability forces the person responsible for the damage to pay compensation for the damage caused.

It should be noted that responsibility is called the moral commitment that arises from a possible mistake or fault that a person commits. The concept also refers to the obligation to repair and compensate for the damage caused.

In the field of law , responsibility is understood as the ability of a subject to recognize and admit the effects of an action that he or she freely carried out. Based on this capacity, the individual can be tried and convicted when his conduct involves a crime.

Origins of civil liability

Civil liability can have different origins. In some cases, it involves violation of a contract and the fault can be easily proven. For example: If a person hires an architect to design and direct the construction of a house but, a few months later, the architect disappears, the victim can sue him and the architect must assume responsibility.

There are numerous cases of this type, and many of them are based on discrimination or exploitation by the worker who undertakes to complete a project towards his client, due to issues of social class or economic resources. Some professionals take on many of these jobs at once, knowing that they will not be able to complete them all in the time frame they have promised, and that is why they prioritize dealings with the wealthiest people, (probably trusting that they can convince them to expand the projects) and leave aside from the rest, either for a time or permanently.

Justice

Civil liability is associated with monetary compensation that must be made by whoever caused harm.

The complications derived

According to modern doctrine , when a contractual relationship is breached (such as the construction of a house for a client), not only direct damages are observed (such as the architect not completing the project or not even beginning work). carry it out), but a series of complications arise from them due to what the law calls an accumulation of responsibilities .

These responsibilities exceed the limits of the contract, since they arise naturally from logical issues, which do not need to be mentioned in it: for example, the obligation to maintain frequent contact with clients through some means of communication, whether to inform them of the progress of the work or to request more time to complete it. If these non-contractual responsibilities are not met, damages may arise that aggravate the case (such as an extraordinary expense to pay for a hotel stay until the project is completed).

In other situations, civil liability is more difficult to prove. A doctor can be sued by a patient who believes that the professional did not act responsibly, while the doctor claims that he or she did.

Civil liability and interests

Interests in a lawsuit of this nature play a very important role, and usually generate interference that leaves the purest reasons for the problem in last place. On the one hand, if the victim is the family member of a person who has died after alleged malpractice , it is likely that he or she will want to remove the doctor from his position without listening to his explanations or considering the fact that we can all make mistakes, even in this way. gravity; The professional, for his part, will do everything possible to protect his work, and many do not hesitate to manipulate the truth without limits to avoid condemnation.

It should be noted that civil liability is compensatory (it seeks to compensate for the damage caused), unlike criminal liability which is punitive (punishes the fault ).