kahjuõiguses

Kahjuõigus, often translated as tort law or delict law, is a branch of civil law that deals with civil wrongs. It provides a legal remedy for individuals or entities who have suffered harm or loss due to the wrongful conduct of another party. The primary aim of kahjuõigus is to compensate the injured party for their damages and, in some cases, to deter future wrongful acts.

The core concept in kahjuõigus is fault. Generally, for a claim to succeed, the claimant must prove that the defendant acted negligently or intentionally, and that this action directly caused the claimant's harm. Negligence involves a failure to exercise reasonable care, while intentional torts involve a deliberate act aimed at causing harm. However, some areas of kahjuõigus operate on a strict liability basis, meaning that fault is not a necessary element to prove; the defendant is liable simply for causing the harm, regardless of their intent or care.

Damages in kahjuõigus can be categorized into pecuniary and non-pecuniary losses. Pecuniary damages cover actual financial losses, such as medical expenses, lost wages, and property damage. Non-pecuniary damages, on the other hand, compensate for intangible harm, like pain and suffering, emotional distress, and loss of enjoyment of life. The principle of restitution aims to put the injured party back in the position they would have been in had the wrong not occurred.

Common examples of torts include personal injury claims arising from accidents, defamation, trespass, and product liability. Kahjuõigus plays a crucial role in maintaining social order by holding individuals accountable for their actions and providing a mechanism for resolving disputes outside of criminal proceedings.