{"id":475,"date":"2025-08-02T15:14:25","date_gmt":"2025-08-02T15:14:25","guid":{"rendered":"https:\/\/www.studiobarnaba.it\/?page_id=475"},"modified":"2026-10-18T12:54:17","modified_gmt":"2026-10-18T12:54:17","slug":"responsabilita-contrattuale-ed-extracontrattuale","status":"publish","type":"page","link":"https:\/\/www.studiobarnaba.it\/en\/responsabilita-contrattuale-ed-extracontrattuale\/","title":{"rendered":"Contractual and Tort Liability"},"content":{"rendered":"
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Damage, breaches, violated obligations: when taking action is a right.<\/h4>\n <\/div>\n <\/div>\n
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Contractual\n
and tort liability<\/h2>\n <\/div>\n <\/div>\n
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When an agreement is not honoured or someone\u2019s conduct causes damage,\n
you can assert your rights through effective legal tools.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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When you can bring a claim for contractual or tort liability<\/h4>\n <\/div>\n <\/div>\n
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Civil liability:\n
what protecting yourself really means<\/h3>\n <\/div>\n <\/div>\n
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Contractual and tort liability covers all situations in which a person must answer for damage caused to others, through breach of an obligation or through unlawful conduct.\n
Acting promptly means avoiding greater damage, obtaining fair compensation or defending yourself against unfounded claims.\n
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Services or work paid for but not carried out<\/h5>\n <\/div>\n <\/div>\n
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This is one of the most common forms of contractual liability. Non-performance may be total or partial, and gives rise to a right to damages, termination of the contract or restitution.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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Damage caused by leaks or structural defects<\/h5>\n <\/div>\n <\/div>\n
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Where property is damaged by leaks, cracks or construction defects, a claim can be brought against the condominium, the owner or the contractor for damage caused by things in custody or for contractual liability.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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Accidents caused by negligent conduct<\/h5>\n <\/div>\n <\/div>\n
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A road accident or physical injury can give rise to tort liability on the part of whoever acted with negligence, carelessness or lack of skill.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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Failure to pay sums due under a contract<\/h5>\n <\/div>\n <\/div>\n
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When the agreed payment is not made, there is a breach that may justify applying for a payment injunction or starting ordinary proceedings.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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Disputes between landlords and tenants<\/h5>\n <\/div>\n <\/div>\n
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Properties not handed over, deposits not returned, liability for damage during the tenancy.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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Damage caused by things in custody or by animals<\/h5>\n <\/div>\n <\/div>\n
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The owner is liable for damage caused by animals, vehicles not parked safely, objects falling from balconies or property left unattended.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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A practical view of civil liability<\/h3>\n <\/div>\n <\/div>\n
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\n Expertise in liability matters was also developed through direct experience at the Third Civil Division of the Court of Bari, the division most involved in this area. Analysing complex case files has built refined technical skills, together with an understanding of the judicial and evidential dynamics that determine the outcome of a dispute.\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n
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How each mandate is handled<\/h3>\n <\/div>\n <\/div>\n
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Each engagement is analysed in the light of the applicable law, the documents available and the objectives pursued.<\/p>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n

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I.<\/p>\n <\/div>\n <\/div>\n

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Reconstruction of the facts and of the sources of the obligation<\/h4>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n
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II.<\/p>\n <\/div>\n <\/div>\n

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Assessment of liability (fault-based, strict or joint and several)<\/h4>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n
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III.<\/p>\n <\/div>\n <\/div>\n

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Analysis of the evidence and quantification of recoverable damage<\/h4>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n
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IV.<\/p>\n <\/div>\n <\/div>\n

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Drafting the formal notice or the defence<\/h4>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n
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V.<\/p>\n <\/div>\n <\/div>\n

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Starting the out-of-court or court phase<\/h4>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n<\/div>\n<\/div>\n
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DISCOVER THE METHOD<\/span><\/a>\n <\/span>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n<\/div>\n<\/div>\n<\/div>\n
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Every liability has a technical, legal and factual origin.<\/h5>\n <\/div>\n <\/div>\n
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To receive assistance with civil liability, you can book a consultation.<\/h3>\n <\/div>\n <\/div>\n
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A legal analysis makes it possible to understand whether there are grounds to bring a claim or to defend yourself against a claim for damages.\n
Online or in the office, the appointment makes it possible to analyse your case and assess together whether there are grounds for action.<\/p>\n <\/div>\n <\/div>\n

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Book a CONSULTATION<\/span><\/a>\n <\/span>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n <\/div>\n
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Danni, inadempimenti, obblighi violati: quando agire \u00e8 un diritto. Responsabilit\u00e0 contrattuale ed extracontrattuale […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-templates\/full-width-page.php","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-475","page","type-page","status-publish","hentry"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t