The Tort Liability of the University Service Employee in Iraqi Law )An Analytical Study(

Abstract

The tortious liability of a university public service employee arises when he breaches the duties legally incumbent upon him. These duties are divided into two categories: positive duties and negative duties, both of which the university public service employee is required to observe and comply with in the performance of his official functions. Where tortious liability is invoked, the university public service employee will be confronted with three essential elements upon which such liability is founded, namely: fault, damage, and the causal link between them. Accordingly, if the fault of the university public service employee is established, and such fault results in damage giving rise to an obligation to provide compensation, provided that a causal relationship exists between the fault and the damage, tortious liability shall be established and compensation shall be due.