Advising Services For Disputes Over Compensation For Non-contractual Damage

In life, there are many cases in which damage does not arise from a breach of the contract by the parties, such as a dispute over compensation for damage caused by a drug user, a dispute over compensation for damage due to violation of consumer rights. However, it is not possible for the parties to accurately determine the damage and offer reasonable compensation all the time. Therefore, organizations and individuals are increasingly interested in advising services for disputes over compensation for non-contractual damage to get the best advice to ensure their legal rights and interests.

Under the provisions of law, a person who commits illegal acts, intentionally or unintentionally harming the life, health, honour, personality, prestige, property, or other legal rights and interests, thereby causing loss and damage must compensate. The aggrieved person has the right to request the violator to remedy the consequences and to compensate for damage in accordance with the law. In practice, the advising services for disputes over compensation for non-contractual damage are a variety of matters:

• Compensation for damage caused by persons of the legal entity; official duty executors; caused by employees, apprentices;
• Compensation for damage caused by a source of extreme danger;
• Compensation for damage caused by environmental pollution;
• Compensation for damage caused by animals or trees;
• Compensation for damage caused by houses and other construction works;

The advising services for disputes over compensation for non-contractual damage normally includes some of the following tasks:

• Assessing the legal position of the parties in disputes over compensation for non-contractual damages;
• Giving solutions to settle disputes over compensation for non-contractual damages under the law; depending on the features of the dispute, methods of dispute resolution are recommended negotiation, mediation, or the initiation of a lawsuit in an Arbitration or a Court;
• Representing clients to participate in process of negotiating compensation for damages;
• Assisting and advising in the preparation of documents, collection of evidence in the process of settling disputes over compensation for non-contractual damages;
• Instructing about procedures and participating in the dispute settlement process when providing the advising services for disputes over compensation for non-contractual damage;
• Consulting, representing clients to participate in proceedings at Arbitration or Court in case the dispute cannot be resolved by negotiation or conciliation; and
• Other assignments per request for the advising services for disputes over compensation for non-contractual damage.

One of the grounds for compensation for damages is “actual damages”, but the determination of “actual damages” as well as the basis for determining damage based on which source has not been specifically guided by law. This makes it very difficult for the parties to settle disputes over compensation for non-contractual damages. Therefore, the advising services for disputes over compensation for non-contractual damage are a necessary service to help the parties settle disputes in a satisfactory, quick, and lawful manner.

The above is an overview of the advising services for disputes over compensation for non-contractual damage. If you have trouble with legal issues of the advising services for disputes over compensation for non-contractual damage, please contact us: Phuoc & Partners is a professional consulting firm established in Vietnam which currently has nearly 100 members working in three offices in Ho Chi Minh City, Hanoi, and Danang. Phuoc & Partners. It is rated as one of the leading consulting firms specializing in civil litigation in Vietnam that has leading practice areas in the legal market such as Labour and Employment, Taxation, Merger and acquisition, Litigation. We are confident in providing customers with optimal and effective service.