The main rule of compensation law is that everyone bears their own damages. But this is different if the damage was caused by someone else. Someone who commits an unlawful act is liable for the damage caused by it and will have to compensate the injured party for this damage. This article by MCJ Advocatuur is about the unlawful act.
The norm violation of unlawful act is laid down in Article 6:162 of the Dutch Civil Code. That article reads: “Anyone who commits an unlawful act against another, which can be attributed to him, is obliged to compensate the damage that the other suffers as a result.”
The five requirements of tort
An unlawful act exists if the five requirements of Article 6:162 of the Dutch Civil Code are met. Firstly, it is required that someone has committed an unlawful act, namely an act or omission that infringes a right of another, in violation of a legal duty and contrary to social care. The second requirement is that the unlawful act can be attributed to the perpetrator. This is the case if the perpetrator is to blame for the unlawful act. The third requirement is that damage must have been suffered. This includes financial damage and other disadvantages. Fourth, there must be a causal link between the tort and the damage. The damage must therefore have been suffered as a result of the unlawful act. And the last requirement can be called the relativity requirement. This means that the violated standard was intended to protect against the damage suffered.
Right to compensation
If all requirements are met, liability based on tort may be assumed. The perpetrator will have to compensate the injured party for the damage. The amount of compensation can still be reduced if there is ‘own fault’ of the party that suffers damage. This is the case if the injured party’s own actions, for example inattention or carelessness, contributed to the occurrence of the damage.
Legal help
Have you suffered personal injury due to someone else’s wrongful act? Then it is wise to seek specialized legal help from a personal injury lawyer. You can contact MCJ Advocatuur for this. Please feel free to contact us for information or advice. We are ready for you!