Civil Liability and Methods of Compensation for Damage in Force Majeure Events in Iranian and American Law

Abstract

Civil liability is the responsibility that arises when damage is inflicted, requiring the party causing the harm to compensate for it. Civil liability signifies the obligation to pay compensation for losses. Based on the principle of civil liability, a specific relationship is formed between the injurer and the injured party, namely the obligation to compensate for the damage. Therefore, civil liability in its broad and general sense encompasses both contractual and non-contractual liability, since in both cases the central issue concerns compensation for losses. The objective of the present study is to examine the methods of compensating damages in force majeure events, considering the role of the state in Iranian and American law. Providing a precise definition of natural disasters is difficult due to the numerous examples, each with different characteristics. It appears that for an event to be classified as a natural disaster, it must be unforeseeable, unavoidable, and not attributable to any party. The findings of this study indicate that the civil liability of the state in natural disasters constitutes a collective responsibility; it is the responsibility of human beings toward one another, with the state acting as an intermediary in this regard. In the occurrence of force majeure events and natural disasters, negligence and failure in preventive measures, as well as deficiencies in the enforcement of laws, in some cases impose civil liability on public officials and service institutions, obligating them to compensate for resulting losses. In the American legal system, the principle of full compensation for damages is recognized.