Tort liability is one of the most mysterious concepts in international law. For Russian lawyers, this creates some difficulties. Especially when it comes to such new areas of activity in the Russian Federation as insurance.
What constitutes tort liability
Tort liability is liability arising from violations by one of the parties of clauses not specified in the contract, but affecting the operation of this contract, and as a result of which a loss has occurred.
Tort liability may arise both between parties to bilateral agreements and through the fault of third parties. For example, the goods deteriorated due to the fact that the transport company (third party) could not deliver it on time. And, as this happened through the fault of the transport company, it is responsible, despite the fact that it is not a party to the contract.
In what cases may occur
This type of liability, such as tort liability, may arise in the event of an incorrectly drawn up contract or violations in the production of goods or services. Most often, it does not arise out of intent, but by accident, out of oversight. The manufacturer was unable to assess the risks or technological features of its product, so it did not work out all the clauses of the contract. Or something extraordinary happened, which led to the appearance of damage.
Despite the fact that the concept of tort is absent in Russian law, there are more and more cases that fit this definition. In the absence of clear laws regarding the relationship between manufacturers, sellers, intermediaries and buyers, disputes arise between them about who should be responsible for the damage that has occurred. This leads to increased tension and makes some business areas unprofitable. An example is insurance, which in the Russian Federation without state support would simply cease to exist.
What is the basis of occurrence
The basis of tort liability is harm, material or moral, and the appearance, as a result, of an obligation to compensate it. In this case, harm can occur both due to certain actions, and from inaction.
Tort liability is a liability that arises on the basis of facts. That is, only in the presence of real damage can a guilty person be brought in. Until it is proved that it was this person or legal entity that committed (allowed) the harm, tort liability will not occur. Documents, witnesses and other evidence must be provided as evidence. Given that it occurs in unforeseen rare cases, to prove, and therefore to bring to justice is not so simple.
Signs
It is possible to determine whether liability is tort or relates to another type of liability by the following criteria:
- The participants in the incident are not in a contractual relationship, but the damage was received as a result of the actions of the parties that are not bound by contractual obligations.
- There is no contractual relationship, but as a result of the action of one of the parties, the other party was harmed. Under such conditions, tort liability lies with the party that should have foreseen the probable consequences of their actions or inaction.
- State coercion to draw up a contract. For example, compulsory health insurance, vehicle insurance, etc.
- The causer of harm shall be liable to compensate for the harm caused.
If any of the above signs in the list takes place, then the liability incurred is considered tort. In this case, the damage must be compensated in cash or in kind, even if the damage caused was intangible (moral). The establishment of tort liability makes it possible not only to identify the guilty person, but also to demand compensation from him. At the same time, contractual liability and tort liability should not be confused. Contractual occurs only in case of violation of clauses of the contract.
Legislative regulation
The concept of tort liability in the civil law of the Russian Federation is absent. However, in international law it is widespread and used quite often. Russia is part of the global community, one way or another, lawmakers have to adjust their laws to the provisions adopted in international law, including those related to the onset of tort liability.
The Russian Federation has its own laws that do not spell out a definition of tort liability, but which can regulate cases that fall under this concept. For example, Articles 430, 932, 1064, 1084 of the Civil Code of the Russian Federation. They describe cases that may result in damage and liability.
Examples from the legal practice of the Russian Federation
The effect of Russian law in determining the degree of guilt of a person and the ensuing tort tort in civil law as a result of this can be shown with a simple example taken from legal practice.
Citizen A bought a color television set in the household appliance store, valued at 25 thousand rubles. However, after 2 weeks, the TV broke down due to a power outage. The service department of the store refused warranty repairs, as the equipment became unusable through no fault of the manufacturer. Citizen A went to court and filed a claim for damages from the energy sales company, as a breakdown occurred due to a power surge. The court examined the submitted case materials: sales receipt and the results of the merchandising examination and ordered the company to indemnify in full.
However, it is not always as simple as in the above example. The injured party is not always able to prove that the damage arose through the fault of a third party. Below is an example when damage was received, but tort liability did not occur.
A tree fell on Citizen N's parked car and smashed a windshield. He filed a lawsuit against the company, which was engaged in the refinement of the territory in which the car was parked, so that they would compensate the damage. The court refused the lawsuit, since the damage occurred not as a result of action or inaction, but because of a natural disaster.
An example of the occurrence of tort liability between parties to a contract
The tort liability in civil law can arise not only between legal entities and individuals. Often it arises between legal entities if they have entered into a poorly prepared contract.
The store owner and wholesaler have signed a contract for the supply of goods. Moreover, the conditions of storage of these goods were not spelled out in the contract. As a result of improper storage, the product has lost its consumer properties. The store owner filed a lawsuit against the supplier for damages. The court decided to satisfy the plaintiff's claims in full. The supplier suffered tort liability for not informing the store owner about the possible consequences.
The difference between contractual and tort liability
The difference between contractual liability and tort liability lies in the fact that in the first case it occurs only in case of violation of the clauses of the contract. In this case, harm may or may not occur. For example, the contract states that in case of shortage of any goods and delivery not in full, the supplier must pay a fine. It so happened that the supplier could not deliver the goods specified in the contract in full. Even if this did not cause damage to the other party, the supplier, in accordance with the clause of the contract, is required to pay a fine.
For tort liability, damage is a prerequisite. At the same time, it can arise both as a result of material and intangible (moral) damage. The latter in Russia, although spelled out in the law, is practically not taken into account because of the difficulty in determining it.
Tort liability insurance
Russian legislation provides a measure to mitigate liability for harm. This measure is prescribed by law, in particular, in article 931 of the Civil Code of the Russian Federation. It states that liability can be insured. The article also indicates on what conditions it is possible to insure liability and for what amount of damages the insured person can claim.
An example of tort liability insurance is a bank loan insurance. In order to reduce risks, the bank requires the borrower to take out insurance when receiving a loan. If the borrower is not able to repay the loan in full, the rest of the bank will be paid by the insurance company.
Insurance is one of the most effective tools for managing non-contractual tort liability. In fact, the insurance company assumes the risk of damages if it arises. However, with rare exceptions, Russians are reluctant to use it, so while transport insurance, medical and pension insurance is mandatory and regulated by the state.