Lecture

Architect's Liability in Private Law

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In course

ENG-383: An introduction to the law of architecture : contracts and competition

Ce cours a pour objet l'étude des notions fondamentales en droit public et en droit privé de la construction et entend sensibiliser les étudiant-es à des problèmes concrets liés à l'exercice de la profession d'architecte. ...

Description

This lecture delves into private law, focusing on the rules governing relationships between individuals. It explores the essence of contracts, emphasizing the expression of will between parties. The discussion shifts to obligations arising not from mutual consent but from harmful acts, leading to a detailed analysis of liability. The lecture navigates through legal concepts such as fault, damage, and illicit acts, illustrating with real-life cases like product defects and medical malpractice. The instructor engages the audience in a thought-provoking debate on responsibility, emphasizing the importance of safety standards in public spaces. The session concludes with insights on insurance practices and the evolving nature of legal editions.

Official source

Related concepts (9)

Insurance

Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured.

Private law

Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order.

Contract

A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more mutually agreeing parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. A binding agreement between actors in international law is known as a treaty.

Insurance fraud

Insurance fraud is any act committed to defraud an insurance process. It occurs when a claimant attempts to obtain some benefit or advantage they are not entitled to, or when an insurer knowingly denies some benefit that is due. According to the United States Federal Bureau of Investigation, the most common schemes include premium diversion, fee churning, asset diversion, and workers compensation fraud. Perpetrators in the schemes can be insurance company employees or claimants.

Legal liability

In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question.

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