Damage can be caused by one person to another, as well as to a legal entity. It can be both physical and property. In such a situation, there is a person who has suffered harm, the victim, and the one who caused this harm is most likely the defendant, since such cases are considered in court, civil or criminal. The first thing you should know if an obligation arises as a result of harm - you can go to court. It is difficult to call a hopeless situation , this is not the end of life, but a disaster.
There are always certain conditions for determining the circumstances of a case, that is, there must be:
- The presence of harm.
- The unlawful actions of the one who caused the harm are proved.
- The relationship and the presence of causes between the behavior of the harmed and the harm done.
Harm can be caused by subjective human rights. These include: ownership, health, honor, dignity, life, etc. You should be aware that if guilt is proved, obligations due to harm provide for its compensation, regardless of who the harm was caused to, individual or legal entity.
Exemption from obligations
If the opposite is proved, that is, that the damage occurred not through his fault, the person who caused the damage will be released from liability for damages. Other circumstances may also be revealed. For example, harm was caused at the request of the victim, if the actions were lawful and the moral principles of society did not contradict, then there will also be an exemption from the obligation due to harm.
There are also concepts of emergency and self-defense in the law, but there are a number of conditions that must be met. So, the necessary self-defense should not be exceeded, and the extreme need implies the absence of other ways to eliminate the threat.
Also, if circumstances arise in which it will be proved that the victim himself is guilty of a situation in which obligations arose as a result of harm, then the person who caused the harm will be released from obligations in full (or partially).
Moral injury
On moral harm, the law disagrees. Both in judicial practice and in theoretical works there is no single point of view. In cases involving non-pecuniary damage in relation to legal entities, it is worth noting that they are not considered by arbitration courts on the grounds that damage of this kind can only be caused to an individual, but not to a legal entity. This is motivated by the fact that moral harm is mental suffering, and a legal entity cannot suffer.
Obligations resulting from harm
1. Compensation for the full extent of the damage caused is mandatory, but the following circumstances are always taken into account:
- Enterprises with working conditions where there are objects of increased danger also compensate for the harm caused to the employee through their fault. You should know that there is a statute of limitations for claims - a year.
- An incapable person is not responsible according to the law; the one who looks after him is responsible.
- The court compares the property status of the participants in the event and can make a positive decision on compensation for harm even if the guilty party is relieved of expenses.
- Insurance (or lack thereof) has an effect on the amount of compensation.
- The injured party is examined by the court in terms of social status.
Types of liability resulting from harm
Harm can be caused by:
- A minor or an incompetent person.
- As a result of activities associated with high-risk work.
The types of harm are caused by certain circumstances, grouped into general conditions, without which they simply cannot arise.