The pillars of the agent\'s contractual liability for the actions of others in Iranian and Iraqi law

Abstract

Abstract: This study aims to investigate the triad of elements concerning the contractual liability of lawyers for third-party actions, with a focus on contractual fault, damage, and causal relationship elements. The study adopts an analytical-descriptive approach and utilizes library resources to initially explore the element of contractual fault and investigates the two conflicting views regarding the necessity or non-necessity of establishing fault in third-party actions. The study findings indicate that mere non-performance of an obligation by a third party is insufficient to realize lawyer liability, necessitating the establishment of fault. By investigating the damage element, the present study demonstrates that mere violation of a contractual obligation by a third party selected by the lawyer without proving damage to the client cannot establish contractual liability. Moreover, the study findings show that the damage can be material or moral, and the responsibility of presenting proof lies with the client. The investigation of the causal relationship element studied the connection between third-party fault and damage to the client and involved analyzing various theories such as equality of causes, precedent cause in effect, and ordinary cause. Each of these theories offers specific criteria for establishing causal relationships, with selection depending on the circumstances of each case and the approach of the legislator.