To explain what non-contractual liability is, it is first necessary to look at the concept of liability, understood as the obligation arising from an act that harms another person’s interests or rights as a result of our actions or negligent conduct.
For example, a car accident for which we are at fault.
Types of Liability
Article 1089 of the Spanish Civil Code states that this type of obligation arises both from breach of written documents and from simple acts involving any kind of fault. Therefore, two main types of liability can be distinguished:
Contractual Liability
One is contractual liability, which, as its name suggests, refers to the breach of a right or interest included in a contract.
It should not be forgotten that, according to Article 1091 of the Civil Code, what is agreed in this type of document has the force of law between the parties who sign it.
Non-Contractual Liability
There is also non-contractual liability, which is the obligation arising from damage caused regardless of whether there was a prior legal relationship between the person causing the damage and the injured party. In other words, it applies even if there was no prior contract between them.
Article 1902 of the Spanish Civil Code refers to this type of liability. It states that anyone who causes damage, whether by fault, negligence or omission, is always obliged to repair the damage caused.
Article 1968 of the same Code also establishes that the victim has a period of one year to claim compensation.
Within this type of liability, two classes can be distinguished:
- criminal, when the damage caused is classified as an offence,
- and non-intentional, when the damage comes from an involuntary act.
Examples of Non-Contractual Liability
Almost all acts covered by insurance fall within this type of liability.
For example, a driver who causes an accident and harms third parties.
It might be thought that, because there is a contract between the insurer and the client, this is contractual liability. But that is not the case, because there is no relationship of any kind between the drivers involved in the accident.
What is different is that, when the at-fault party has to pay the cost of the claim, that cost is covered by their insurer, as they previously agreed.
Derived Liability
Another similar case is liability arising from an object falling from a window and causing damage to someone passing below. The involuntary person responsible is the owner of the home, who must pay compensation if they do not have insurance.
In conclusion, to avoid having to assume non-contractual liability personally, the best option is to take out good insurance that covers possible involuntary acts or negligence. A policy can never cover criminal acts.