Contractual liability v. Tortuous liability

The High Court of Cassation and Justice has ruled that the ratio of torts and the contract is from general to particular, in that tort liability constitutes the common law of civil liabilities, so that if in a given situation civil contract liability criteria are not met, to the extent that there was an executed illegal act, tort can be operated for damages. In this case, the defendant’s alleged wrongful act concerned a failure of the public water and sewer service, on the street where the applicant’s property is located, which was not corrected properly, the result being damage to the building due to massive infiltration of water from the damaged pipe. The High Court held that, in this case, since the operator’s obligation to pay compensation shall not circumscribe the object of the supply of water and sewage to the user, liability of the operator is trained under tortuous liability and therefore has the general obligation to repair damage caused by their negligence. (Decision no. 2905 of September 27, 2013 rendered the appeal of Section II of the Civil High Court of Cassation and Justice covering action for damages)

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Dan Alexandru NEGRU

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