When an individual commits an act in violation of the law that infringes upon another person’s property, life, health, honor, dignity, or reputation, such an individual must take liability for damages. It is referred to as non- contractual liability (tortious liability).

This article provides readers with necessary information regarding non- contractual liability (tortious liability) for damages ,including: its definition, legal grounds for such liability, and the amount of liability. Let’s explore these principles with NPLaw.

I. What is non- contractual liability (tortious liability)?

Under Article 13 of the Civil Code 2015, liability for damages is defined as follows:

  • An individual or legal entity whose civil rights have been infringed shall be entitled to full liability for damages, unless otherwise agreed by the parties or otherwise provided by law. 

Non- contractual liability (tortious liability) refers to liability for damages arising not from a contractual breach but from unlawful acts infringing upon another person’s property, life, health, honor, dignity, reputation, or other lawful rights and interests. The injured party is entitled to claim liability to safeguard their legal rights and interests.

In other words, such a type of liability exists independently of any contractual relationship between the parties. 

II. Legal grounds for non- contractual liability (tortious liability)

Pursuant to Article 584 of the Civil Code 2015, non- contractual liability (tortious liability) for damages arises in the following cases:

  • Any person has unlawful conduct infringing upon another person’s property, life, health, honor, dignity, reputation, or other lawful rights and interests, thereby causing damage, such a person must provide liability, unless otherwise provided by this Code or other relevant laws.
  • A person causing damage shall not be liable if the damage is a result of force majeure or is entirely caused by the injured party‘s fault, unless otherwise agreed by the parties or provided by law.
  • In cases where damage is caused by a property, the owner or lawful possessor of such a property shall be liable, except as provided under Clause 2 of this Article.

Based on these provisions, non- contractual liability (tortious liability) arises when the following elements are met:

  • Existence of actual damage, including both material loss and mental effects.
  • Unlawful conduct is an action or omission violating the law.
  • Damage must result directly from an unlawful act, and conversely, such an act must be a cause of damage.
  • It obtains either intentional or unintentional fault of the infringing party.

III. Principles of non- contractual liability (tortious liability)

When resolving disputes concerning non- contractual liability (tortious liability), it is essential to comply with statutory principles for respecting the parties’ agreements on the amount, form, and method of liability, provided such agreements are not contrary to law or social ethics.

According to Article 585 of the Civil Code 2015, the principles include:

  • Full and prompt liability for actual damage: The parties may agree on the amount, form such as in cash, property, or performance of a task, and payment method in lump sum or installments, unless otherwise provided by law.
  • Reduction of liability: The infringing party can be reduced to the liability amount for not at fault or mere negligence, and the damage is excessive relative to their financial capacity.
  • Adjustment of liability: When one of the parties considers the liability amount not suitable for actual circumstances, they may request the Court or competent State authorities change it.
  • Joint fault: If the injured party is partially at fault, they will not be received liability for the portion of damage obtaining their fault.
  • Duty to mitigate: The injured party is not entitled to liability for damage that could have been prevented or mitigated through reasonable measures.

IV. Capacity of individuals for taking non- contractual liability (tortious liability)

Article 586 of the Civil Code 2015 provides:

  • Individuals from 18 years of age or older: If causing damage, they must have liability with their own assets.
  • Individuals under 15 years of age: Their parents must have full liability; if the parents’ assets are insufficient, the child’s own ones shall be used for the remaining part, except as provided in Article 599.
  • Individuals from 15 to under 18 years of age: They must have liability with their own assets; if insufficient, the parents shall take the remaining part.
  • Minors, persons lacking legal capacity, or those with limited cognitive or behavioral control: The guardian shall use the ward’s assets for liability; if those assets are insufficient, the guardian shall take liability with their own assets unless they can prove they were not at fault in their guardianship.

V. Common questions on non- contractual liability (tortious liability)

1. If multiple people cause damage, who takes liability?

When several individuals jointly cause damage, they are jointly liable to compensate the injured party. The share of liability is determined based on the degree of fault; if it cannot be established, they will share equal responsibility.

2. What is the statute of limitations for filing a claim?

The statute of limitations for initiating a claim for non- contractual liability (tortious liability) is three (03) years from the date the injured party knew or should have known that their legal rights or interests had been infringed.

3. If a roadside tree falls on a parked car, who is liable?

Under Article 604 of the Civil Code 2015, the owner, possessor, or manager of a tree must take liability for any damage caused by it.

Additionally, Clause 3, Article 584 stipulates that property causes damage, the owner or lawful possessor is liable unless the damage resulted from force majeure or the injured party’s own fault.

Urban trees are considered public assets, managed by municipal tree management companies. Pursuant to Clauses 3 and 4, Article 11 of Decree No. 64/2010/NĐ-CP, these companies are responsible for periodic inspection, maintenance, and pruning to ensure safety.

  • If the damage results from force majeure (e.g., storms or floods) and the company has already fulfilled its duties, it may be exempt from liability.
  • If, however, the company failed to meet its obligations, it must compensate for the damage caused.

In summary, non- contractual liability (tortious liability) differs fundamentally from contractual liability. Contractual liability arises when one party fails to perform or improperly performs its obligations under a contract, while non- contractual liability (tortious liability) applies to damages caused by unlawful acts unrelated to any contract, such as harm to life or health.

For any legal concerns regarding non- contractual liability (tortious liability) or other civil matters, please contact NPLaw for professional legal support.