LawCausing Harm

Obligations arising from the infliction of harm and consequence arising from such actions

Harm can be inflicted 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 been harmed, the victim, and the person 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 when an obligation arises from causing harm - you can go to court. Desperate situation is difficult to call, it is not the end of life, but the trouble.

There are always certain conditions for determining the circumstances of the case, that is, they must be:

  • Presence of the harm caused.
  • The illegal actions of the person who caused the harm are proved.
  • Connections and the existence of causes between the behavior of the injured and the harm done.

Harm can be caused to subjective human rights. These include: property rights, health, honor, dignity, life, etc. It should be known that if the fault is proved, then the obligations due to the harm provide for its compensation, regardless of who was harmed, Physical or legal person.

Exemption from liability

If the opposite is proven, that is, that the damage was not due to his fault, the harm caused will be exempted from the obligation to recover damages. Other circumstances may also be disclosed. For example, harm was caused at the request of the victim, if the actions were not contradictory to the legitimate and moral foundations of society, then the exemption from the obligation due to the harm will also follow.

Also there are in the law the concepts of extreme necessity and self-defense, but there are a number of conditions that must be met. So, the necessary self-defense should not be exceeded, and extreme necessity implies the absence of other ways to eliminate the threat.

Also, if circumstances are revealed in which it will be proved that the victim himself is to blame for the occurrence of a situation during which obligations arose as a result of causing harm, then also the harm caused will be fully or partially discharged.

Moral injury

On moral harm, the law of opinion diverges. As in judicial practice, and in theoretical works there is no single point of view. In cases involving moral damage to legal entities, it is worth noting that they are not considered by arbitration courts on the grounds that harm of this kind can be inflicted only on an individual, but not on a legal entity. It is motivated by the fact that moral harm is mental suffering, and a legal person can not suffer.

Obligations arising from causing harm

1. Compensation for the full extent of the damage caused is mandatory, but always the following circumstances are taken into account:

  • Enterprises with working conditions, where there are objects of increased danger, also compensate for harm caused to the employee through their fault. You should know that there is a statute of limitations for claims - a year.
  • The incompetent person does not answer according to the law, the one who looks after him answers it.
  • The court compares the property status of the participants of the event and can make a positive decision on compensation for harm even if the guilty party is released from the costs.
  • Insurance (or its absence) has an effect on the amount of compensation.
  • The victim is considered by the court in terms of social status.


Types of liability as a result of harm

Harm can be caused by:

  • Public authority.
  • Underage or incompetent person.
  • Due to activities related to the work of increased danger.

Types of harm are caused by certain circumstances, grouped into general conditions, without which they simply can not arise.

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