kahjuõigusliku

Kahjuõigusliku is an Estonian legal term that translates to "tortious liability" or "civil liability for harm" in English. It refers to the legal obligation of a person or entity to compensate another party for damages or losses caused by their wrongful act or omission. This liability arises outside of a contractual relationship, meaning it is not based on an agreement between the parties.

The core principles of kahjuõigusliku in Estonian law are similar to those found in common law tort systems. To establish kahjuõigusliku, several elements must typically be proven: a wrongful act or omission (rikkumine), causation (põhjuslik seos) linking the act to the damage, and actual damage or loss (kahju) suffered by the injured party. The wrongful act can be intentional or negligent. Negligence, in this context, means failing to exercise the degree of care expected of a reasonable person in similar circumstances, which results in harm to another.

Common examples of situations that can lead to kahjuõigusliku include personal injury due to an accident, damage to property caused by a third party, defamation, or professional malpractice. The purpose of kahjuõigusliku is to provide a remedy for the victim by restoring them, as much as possible, to the position they were in before the harm occurred. This is usually achieved through monetary compensation, known as damages. The Estonian Civil Code (Tsiviilseadustik) is the primary source of law governing kahjuõigusliku.