Claims for damages

Liability for damages can arise if one party to an agreement breaches the agreement (contractual liability) or because of events outside of any agreements (tortious liability).

Contractual liability for damages usually only covers matters that have been agreed on in an agreement. This means that it covers situations where one party to the agreement acts in violation of the agreement or neglects to fulfil their contractual responsibilities.

Damages can be claimed if the suffered losses were due to a breach of an agreement. In this case, compensation may be sought for bodily injuries, property damage and financial losses such as a loss of income.

Tortious liability can arise in any situation where one person intentionally or through negligence injures another person or causes them to suffer a loss. The person who was injured or suffered a loss must be able to prove that the injury or loss factually occurred and that the person from whom they are seeking damages factually caused the injury or loss. Tortious liability usually covers bodily injuries and property damage.

This means, for example, that a person who damages another’s property intentionally or due to their negligence is liable to pay damages to the person whose property was damaged. Only damage which the person had no control over is excluded from the liability.

Because offences are usually intentional, those committing an offence are usually liable to pay for the damage caused by their actions in full. Damage caused when committing an offence is typically property damage or a bodily injury. More information on the liability of perpetrators of crimes.