Tsiviilõigushäired

Tsiviilõigushäired, also known as civil wrongs or torts, refer to wrongful acts or omissions that cause harm to another person, for which the law provides a remedy, typically in the form of monetary damages. These are distinct from criminal offenses, which are wrongs against society, and contractual breaches, which involve violations of agreements. The primary purpose of civil law in addressing these wrongs is to compensate the injured party for their losses and to deter similar conduct by others.

The concept of tsiviilõigushäired is based on the principle that individuals have a duty to act with reasonable care towards others. When this duty is breached, and that breach directly causes harm, a tsiviilõigusrikkumine may have occurred. Common examples include negligence, where a person fails to exercise the care expected of a reasonable person, leading to injury (e.g., a car accident due to speeding), or intentional torts, such as defamation, assault, or trespass.

To establish liability for a tsiviilõigusrikkumine, several elements typically must be proven: a duty of care owed by the defendant to the plaintiff, a breach of that duty, a causal connection between the breach and the harm suffered, and actual damages or loss incurred by the plaintiff. The burden of proof generally lies with the plaintiff, who must demonstrate these elements by a preponderance of the evidence. Remedies can include compensatory damages, intended to put the injured party back in the position they were in before the harm, and in some cases, punitive damages, designed to punish the wrongdoer and deter future misconduct.