Examining The Methods Of Compensation For Minor Damages In Iranian And British Law
Subject Areas : Civil Law
Maryam
Tafazoli Mehrjardi
1
(Master of Private Law, Department of Law, Faculty of Law, Theology and Political Science, Science and Research Unit, Islamic Azad University, Tehran, Iran.)
Behshid
Arfania
2
(Associate Professor, Department of Private Law, Faculty of Law, Theology and Political Science, Tehran Branch, Islamic Azad University, Tehran, Iran.)
Keywords: Compensation, Injured party, Harmful Acts, Fault, Supervisor, Minor,
Abstract :
The purpose of civil liability is to compensate the injured party. If the terms and conditions of civil liability of the minor guardian are met, the injured party has the right to seek compensation from the guardian. In Iranian law, the purpose of compensating the injured party is to return him/her to his/her former state. This means that the damage caused should be compensated and restored in a way as if it has not been occurred at all. The minor guardian, like any other civil responsible person, is only liable for the attributable damages resulting from the minor’s act. In the common law system, civil liability arises from the act or omission, which has caused damage to the other, mainly due to the negligence of the perpetrator, and he/she must take action to compensate it. If in order to determine the pattern of care and compliance, the performance of the harmful person is evaluated with the performance of the normal person, which is sometimes related to the action of the harmful person such as probability of loss and probable damage and sometimes related to the injured person.
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