In practice, many factual and legal acts can be regarded as unlawful acts. Liability from tort can also follow on the basis of the law, for example in the case of specific risk liabilities that are exhaustively enumerated in the law, such as the strict liability of building owners and in the case of liability in the event of undue payment and unjust enrichment.
What is a tort?
In practice, many factual and legal acts can be regarded as unlawful acts. Liability from tort can also follow on the basis of the law, for example in the case of specific risk liabilities that are exhaustively enumerated in the law, such as the strict liability of building owners, liability in case of undue payment and unjust enrichment.
The law definitively states the following of an unlawful act in Article 6: 162 BW:
- Infringement of any right or
- An act or omission in violation of a legal obligation or
- An act or omission contrary to what is appropriate in society according to unwritten law.
Dutch law sets five conditions that must be met if there is an unlawful act that obliges the injured party to pay compensation:
- An unlawful act (active “an act” or passive “an omission”)
- The act must be attributable to the perpetrator
- Damage has occurred
- Causal link is required between the act and the damage (the damage is a direct and foreseeable consequence of the tort)
- Relativity (the wrongful act was committed against you (your interest is affected and not that of a third party))
Civil liability based on tort
If it is established that there has been an unlawful act, an obligation to pay compensation arises from an unlawful act. The creditor (injured party) then has the legal right to claim compensation from the debtor (offender). The debtor is under an obligation to indemnify the creditor. It will often be necessary to initiate legal proceedings to establish the debtor’s liability in court.
When determining the compensation by the court, account is taken of a part of “your own fault” on your side if and insofar as this is present. This means that the court checks whether the creditor (injured party) also contributed (partly) to the damage caused. If ‘own fault’ is partly established on the part of the injured party, the court can reduce the compensation to be paid to the creditor.
JAW Advocaten can assess for you who is liable for the damage you have suffered. We also make an inventory of whether it is feasible to recover the damage from the other party through legal proceedings.
Therefore please direct contact with JAW Advocaten if you are confronted with unlawful action or a statutory strict liability and you want to find out what your legal options are .