vastutuskohustus

Vastutuskohustus, or liability, is a legal obligation to compensate for harm or for breach of duties arising from one’s actions or omissions. In civil law, vastutuskohustus is the mechanism that attaches responsibility to individuals or organizations when their conduct causes damage to another party or when they fail to fulfil a contractual obligation.

Liability is commonly divided into contractual liability and non-contractual liability. Contractual liability arises from breaches of agreements between parties, while non-contractual liability (delict or tort) covers damages caused through fault, negligence, or other unlawful acts outside a contract. Some forms of liability may be strict or objective, where fault does not have to be proven, such as in certain product liability or risk-related activities; in many situations, however, fault or breach must be established.

Elements typically involved include: the existence of a legal obligation, a breach or fault, a causal link between the conduct and the damage, and actual damages. Defences can include lack of fault, consent, force majeure, or contributory negligence by the harmed party.

Remedies usually aim to restore the harmed party to the position they would have been in, commonly through monetary damages, restitution, or, in some cases, specific performance. It is important to distinguish civil liability from criminal liability, the latter involving punishment under criminal law rather than compensation.

Vastutuskohustus is central to accountability in private relations, business, and public life, influencing risk management, insurance, and civil procedures within the legal system.