AL-Qadisiya Journal For Law and Political Sciences

The Element of Fault and Its Main Manifestations in Bullying Against Minors – A Comparative Study

https://doi.org/10.63677/jqlap.2025.161170.1371
Volume 16, Issue: 1 part 2 / 2 - Serial Number 2
Spring 2025
Pages 731-756
AL-Qadisiya Journal For Law and Political Sciences

Document Type : Research Paper

Authors

Jawad Kadhim Risan
Nisreen Ghanem Hanoun

University of Baghdad - College of Law

Abstract
The element of fault is one of the fundamental pillars upon which civil liability is based. A person is not held civilly liable for harmful acts unless it is proven that they committed a fault for which they can be held accountable. This element gains particular importance in cases of bullying against minors, due to the nature of the victims who are at a sensitive age and are often unable to defend themselves. In this context, fault refers to any intentional or unintentional behavior by a person that causes psychological, physical, or social harm to a minor, in violation of legal rules or prevailing social values.
According to general legal principles, liability cannot be established without the existence of fault, in addition to the damage suffered by the victim. Fault is a core element of civil liability, whether contractual or tortious. Bullying may arise from either a tortious fault or a contractual fault. In most cases, bullying results from a tortious fault, where the bully harms the victim by breaching a general legal duty not to cause harm to others, without the presence of a contractual relationship such as public mockery, physical assault, or posting offensive information online.

Keywords

Civil liability
Element of fault
Tortious fault
Forms of tortious fault
Contractual fault
Crossmark
Subjects
  • Receive Date 04 June 2025
  • Accept Date 13 June 2025

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