Call us: (+8428) 66.701.709 | Hotline: (+84) 903.419.479

Your Language

englishEnglish / VietnamTiếng Việt

Compensation for Non-Contractual Damages

In Vietnamese legal landscape, compensation for non-contractual damages is a key aspect of civil law, especially in cases where the injured party bears some responsibility for the damages incurred. Through this article, Apolo Lawyers will explain the contents of compensation for non-contractual damages under Vietnamese law, clarify the role of errors, factors causing errors, procedural conditions and the importance importance of legal services. 

In Vietnam, the Civil Code serves as the cornerstone for determining liability and awarding compensation in non-contractual damage cases. According to Article 523 of the Civil Code, individuals found at fault for causing harm to others are obligated to compensate for the resultant damages. Compensation for non-contractual damages is a legal remedy aimed at redressing harm or loss caused by wrongful acts or negligence, distinct from breaches of contract. When individuals or entities suffer injury, whether physical, financial, or emotional, due to the actions or omissions of others, compensation for non-contractual damages serves as a means to restore them to their pre-injured state as much as possible. It encompasses various types of damages, including but not limited to, pain and suffering, medical expenses, loss of income, and punitive damages in cases of egregious misconduct. Compensation for non-contractual damages plays a pivotal role in the civil justice system, ensuring accountability and providing solace to victims. It serves as a deterrent against reckless behavior and serves the broader societal interest of maintaining order and fairness. In many jurisdictions, the principles governing compensation for non-contractual damages are deeply entrenched in legal doctrine and statutes, guiding courts in determining the extent of liability and the appropriate quantum of damages. Thus, Compensation for non-contractual damages stands as a cornerstone of justice, offering recourse to those who have suffered harm through no fault of their own. 

2. Understanding Fault Allocation and the Error Factor

When the damaged party shares fault in non-contractual damage cases, Vietnamese law employs the doctrine of comparative fault to ascertain the degree of liability and subsequent compensation. 
Understanding Fault Allocation is crucial in the realm of compensation for non-contractual damages as it delineates the responsibility and liability of parties involved in a dispute or injury. Fault Allocation refers to the process of determining the degree to which each party contributed to the incident or harm in question. This assessment of Fault Allocation guides courts in apportioning damages fairly and justly. It takes into account factors such as negligence, recklessness, and causation, aiming to assign a proportionate share of responsibility to each party involved. Fault Allocation recognizes that not all parties bear equal culpability in every situation, and thus, it seeks to reflect the nuances of each case accurately. Moreover, the Error Factor adds another layer of complexity to Fault Allocation, acknowledging that errors in judgment or unforeseeable circumstances may influence the outcome of a case.

Article 524 of the Civil Code stipulates that if both parties are at fault, the court may adjust the compensation amount based on each party s level of culpability. The error factor refers to the degree of negligence or wrongdoing on the part of the damaged person that contributed to the occurrence of the damage. Vietnamese courts consider factors such as the foreseeability of harm, the degree of care exercised by the parties, and any contributing actions or omissions that led to the damage. By evaluating the error factor, courts can apportion fault and tailor compensation accordingly. By considering the Error Factor alongside Fault Allocation, courts can arrive at a more nuanced understanding of liability and ensure that compensation for non-contractual damages is equitable. Therefore, a thorough comprehension of Fault Allocation and the Error Factor is essential for achieving fairness and justice in the resolution of disputes involving non-contractual damages.

Compensation for non-contractual damagesConsulting on filing lawsuits for compensation for non-contractual damages

3. Compensation liability

Compensation liability in compensation for non-contractual damages refers to the legal responsibility of individuals or entities to provide financial reparation for harm or loss caused to others due to their actions or negligence. Compensation liability encompasses the duty to compensate victims for various damages incurred, such as medical expenses, lost wages, and pain and suffering. Understanding compensation liability is crucial in determining the extent of financial redress owed to the injured party and ensuring accountability for wrongful conduct. Courts assess compensation liability based on factors such as the degree of fault and the severity of the damages suffered, aiming to provide fair and just compensation to those affected.

Compensation for Non-Contractual DamagesCompensation for non-contractual damages

  • By considering factors such as fault allocation, the error factor, procedural conditions, and the role of legal services, courts strive to achieve fair and equitable outcomes in resolving disputes involving non-contractual damages.

  • Moreover, legal services contribute to ensuring that individuals have adequate support and representation to assert their rights and interests effectively.

  • Legal professionals, including lawyers and legal advisors, provide essential assistance in evaluating claims, preparing legal documents, and representing parties in court proceedings.

Apolo Lawyers is proud to be a law firm with many years of experience in compensation for Non-contractual damages that will support clients in this field. In case you need advice, please contact us via email at or Hotline - (+84) 903 419 479 for the best advice and support.

Apolo Lawyers is known as one of the most reputable legal service providers in Vietnam. If you are confused and do not know the legal procedures and you want to save time, money, and effort. In particular, when you choose us, we commit that when you use this divorce service, you will shorten the cases to the maximum.

>>> Xem thêm: Legal Landscape of Business Consolidation

>>> Xem thêm: Legal Framework for Company Conversions


Đăng ký nhận tin

Subscribe today to get more breaking news from APOLO LAWYERS - Solicitors & Litigators