Compensation for damages

Compensation for damages is one of the issues that most concerns to clients, so we are going to try to answer the most frequent questions that our clients usually ask us at our Marbella law firm, Mercury Abogados SLP:

Can I exercise some type of action in case I feel that I am being harmed? And the answer in this case is affirmative, but with the following nuances that we are going to explain below.

In the first place, in order for us to consider the option of requesting compensation for damages, there must be a loss/damage.

Can this loss/damage be physical, or does it have to be economical at all times? Well, in this case, the loss/damage can be both physical and economic.

The liability arising from these damages may be contractual or tort liability. Next, we will explain what each type of action consists of:

1. Contractual civil liability: in this case, the article 1101 of the Spanish Civil Code states "those who, in compliance with their obligations, incur fraud, negligence or late payment, or those who in any way contravene the tenor of those", for which As we can see in this case, the damage to be compensated arises from the contract signed between the parties.

2. Non-contractual civil liability: on the contrary, as the name itself indicates, in this case the obligation arises when there is no contractual relationship between the parties. We can give as an example, something that is very common and they are traffic accidents.

Here the relationship of compensation that exists between the parties, arises as a general rule as a consequence of an impact, collision or outrage, and the obligation of compensation arises from one to the other.

Requirements

The requirements for there to be fault in this case are: demonstrating that real damage has occurred, demonstrating the existence of the contract, that the damage can be attributed to a specific person or entity, and the existence of a causal link between action and damages.

The most common cases to request compensation for damages are consequential damage, lost profits and moral damage.
In future posts, we will talk in more detail about each of them.