Contractual Liability Research Articles

Issue analysis of contracts termination in Russian state and municipal public procurement procedures

The article points out the problem of quality of interaction between the customer and the supplier of goods, works or services in the sphere of state and municipal public procurement procedures of Russian Federation. One of the manifestations of the problem is the high percentage of contract termination between procurement participants (approximately 20 % of the number of contracts concluded). The objective of the study was to suggest potential directions for improving the quality of interaction between procurement participants, against the background of considering the legal grounds for contracts termination. Based on the results of the study, the author identified the problem of lack of technics in the procurement control process, which reduce consequences of the uncertainty external environment impact and fair risk responsibility sharing of non-performing contract liabilities between the procurement participants.

Minors' Contracts in the Digital Age.

Minority is well established as a form of legal incapacity across jurisdictions and laws. Some countries grant minors with limited capacity to contract while others consider all minors’ contracts to be void. These rules were laid down in the pre-digital age. Minors today are entering into more and varied transactions than the generations before them, be it shopping on e-retail websites, creating social media accounts, or the more traditional employment contracts. This paper examines how the three jurisdictions of England, India and South Africa deal with minor contracts in the digital age. While South Africa permits minors above the age of seven years to enter into contracts with parental assistance, the English and Indian position is that minor contracts are unenforceable against minors, unless they are ‘contracts for necessaries’ or contracts for the benefit of the minor. Judicial interpretation of these categories has been fluid and indeterminate, creating its own set of problems. This paper argues from the Indian standpoint that the current understanding is inadequate to address the issues that will arise from the mismatch between law (where minority is almost synonymous with incapacity) and reality (where minors are increasingly entering into contracts). The author suggests that the definition for minority for contractual liability should be graded after the model of criminal liability and demonstrates that there are some, albeit imperfect, gains to be had from the South African system.

Psychological and social motivations in microfinance contracts: Theory and evidence

We study, theoretically and empirically, the effort choices of microfinance borrowers under individual liability (IL) and joint liability (JL) contracts when loan repayments are made either privately or publicly. Our theoretical model identifies guilt aversion in a JL contract and shame aversion under public repayment of loans as the main psychological drivers of effort choice. Evidence from our lab-in-the-field experiment in Pakistan reveals large treatment effects and confirms the central roles of guilt and shame. Under private repayment, a JL contract increases effort by almost 100% relative to an IL contract. Under public repayment, effort levels are comparable under IL and JL contracts, indicating that shame aversion plays a more important role than guilt aversion. Under IL, public repayment relative to private repayment increases effort by 60%, confirming our shame-aversion hypothesis. Under JL, the private versus public repayment contrast shows that shame trumps guilt in explaining borrowers’ effort choices.

Loan officer gender and loan repayment performance. Evidence from greenfield microfinance institutions in Cameroon1

AbstractWe explore whether loan officer gender affects loan repayment performance in Cameroonian microfinance institutions (MFIs). After controlling for demand‐side factors (borrower characteristics), lending methodology, loan contract terms, year, and industry fixed effects, we apply a pooled probit model to a unique loan‐level dataset including more than 7000 loans approved between 2007 and 2012 by two Cameroonian commercial MFIs. We find that loans granted and monitored by male loan officers perform better than those granted by female officers and that loans approved under joint liability contracts and monitored by male loan officers are less likely to fall into arrears. Our findings also show that the performance advantage of male loan officers over female officers is confirmed only during bad times. Compared to female loan officers, male loan officers seem to intensify their monitoring efforts during a crisis period. The results are robust after controlling for selection bias and are less sensitive to a change in the loan repayment performance measurement.

The Quality of Medical Care and the Quality of Medical Services under the Legislation of the Russian Federation: General and Different

The article is devoted to theoretical and practical problems of distinguishing the concepts of “medical services” and “quality of medical services”, which in turn is important for clarifying the relationship between the concepts of “quality of medical services” and “quality of medical care”, as well as for distinguishing contractual and tort liability of medical organizations for the quality of medical services. Based on a comparison of the legislation on the provision of services, on health protection, on consumer protection and taking into account its interpretation given by the highest judicial authorities, the author comes to the conclusion that the subordinate regulatory legal acts on the provision of medical services are not in full compliance with the legislation on consumer rights, recommends using the experience of health authorities and the system of compulsory medical insurance for the examination the quality of medical care during the consideration of criminal and civil cases by the courts, related to the violation of the requirements for the quality of medical care.

Consumer Protection of the Goods Delivered Does Not Accordance with the Online Purchase Agreement in the Framework of E-commerce

The purpose of this study is to determine the responsibility of business actors for the goods delivered that are not in accordance with the sale and purchase agreement made through E-Commerce; as well as knowing the process of returning goods that are not in accordance with the sale and purchase agreement through E-Commerce and the process of sending back goods that are in accordance with the sale and purchase agreement through E-Commerce by business actors.This research is descriptive, using normative-empirical research combining normative legal approaches with various empirical elements. Normative-empirical legal research focuses on research on the enforcement or implementation of normative legal provisions in action on certain legal events that occur in society.The results of the study indicate that consumer protection for the goods delivered is not in accordance with the agreement within the E-Commerce framework, which can be implemented by submitting a return of goods and/or funds, and if the business actor does not carry out his obligations, this means that there has been a violation of the rights of the consumer. The other party (the buyer) and the legal consequence is causing losses. The responsibility of business actors for goods that are not in accordance with the agreement in electronic commerce has not been specifically regulated in the UUPK and UUITE, but in principle business actors can be held accountable in electronic commerce through contractual liability related to losses suffered by consumers.

Designing a System of Contractual Liability: Jacques Cujas Inspired by Roman Law

Abstract Jacques Cujas is one of the most respected and esteemed jurists in Western legal tradition. According to prevailing views, he was primarily focused on the interpretation of Roman law. However, this perception does not take fully into account the diversity of his contributions. Preliminary results arising from this research article indicate that under the veil of the reconstruction of ancient Roman law, Cujas presented new ideas and challenged traditional ways of approaching risk and liability. His innovative interpretation of a crucial classical text about liability rules was not limited to historical explanations of Roman law, but instead was intended to find practical solutions. The result was the first coherent liability system based on an improved reading of the Digest. This pilot study focuses on the process of designing a system of contractual liability. The research is based on the analysis of Cujas’s creative interpretation of a cornerstone text about Roman liability rules. It shows how recourse to the humanist method led to a profound change in the interpretation of fundamental legal concepts. In his commentary on classical liability standards (D.50.17.23), Cujas added several contracts that were unknown to Roman law (eg the contract of divorce). Moreover, he held that a group of four legal relationships (mandate, managing of others’ affairs, loan for use, and guardianship) should include an extremely high standard of liability. The author also redefined remaining liability criteria and allocated them to particular contracts. Thus the study argues that one of the most respected members of the historical school of French legal humanism was at the same time an ingenious liability system designer. Further research will determine if and how consistently Cujas applied this system throughout his work.

An Overview of Comparison between Construction Contracts in Malaysia: The Roles and Responsibilities of Contract Administrator in Achieving Final Account Closing Success

The administration of construction contracts in Malaysia is facilitated through a standard form of contract. The application of each however depends on the type of project, mode of finance and owner of the project. International Federation of Consulting Engineers (FIDIC), Public Work Department 203A (PWD203A), Pertubuhan Akitek Malaysia (PAM) Standards form of contract are widely implemented in Malaysia. In generally, each standard form of contract aims at ensuring effective, efficient and non-disputable contract administration. Nonetheless, variations arise in certain matters. This paper appraises the differences in roles and responsibilities of contract administrator as stipulated in each forms, namely PWD203A, PAM and FIDIC via literature review on some different types of forms of contract used in Malaysia. This aim can be achieved by determining the important factors affecting final account closing success caused by contract administrator, and investigating the differences between forms of contract. The understanding of these roles and responsibilities is important at the preliminary stage especially in selecting superintending party as well as identifying the contract liability in the persuasion of the contract. This paper shows that the use of contract documents either FIDIC, PAM and PWD 203A is dependent on the project owner/employer, type of project as well as the nature of a project and financing involved. Most of the projects under the government will apply PWD203A contract document while the private sector will use PAM contract document and FIDIC contract document will be used for projects involving international contracts.

Contractual Liability for the Exploitation of Unassigned Film Rushes

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펀드의 설정 또는 판매에 관여한 자들 간 책임에 관한 판례 평석 - 대법원 2021. 6. 10. 선고 2019다226005 판결을 중심으로 -

The Supreme Court ruled that in the case where the liability for default and the liability for tort compete, the contractual disclaimer does not apply to tort liability unless there is an agreement to apply the contractual disclaimer to claims for damages caused by tort explicitly or implicitly. However, the High Court referred to the 1983 All-Agreement Decision and ruled that the contractual disclaimer applies to tort liability even if there is no separate explicit or implied agreement. According to the judgment of the en banc, the disclaimer (regulation limiting the amount of compensation) listed on the bill of lading is also effective for tort liability. In this paper, the validity of the grounds presented by this ruling is reviewed.<BR> In this case, there is an exemption agreement that it is not possible to hold contractual liability if there is no gross negligence. If there is no explicit or implied agreement to apply this agreement to tort liability, there is a question of whether to apply it to tort liability. The legal principles on the status and obligations of the fund

Artificial Intelligence and contractual liability under Polish law. Selected issues

Background: Growing presence of artificial intelligence (AI) in the public sphere, and its ensuing ‘robot-human’ and ‘robot-environment’ interactions, can certainly affect the rules of contractual liability.&#x0D; Research purpose: The article analyses how AI and its commercialization can impact on Polish legal regulations governing contractual relations and the contractual liability. The purpose of this article is to present the issue of the AI impact on the conclusion and performance of contracts in Polish civil law, with particular emphasis on contractual liability arising in this context, as well as potential problems associated with it, not only for parties to a contract, but also for lawyers who have to face a puzzle of finding legal solutions to technological progress making real mechanisms that until recently have been treated in science-fiction categories.&#x0D; Methods: The analysis is based on the dogmatic and legal method.&#x0D; Conclusions: It is necessary to distinguish between situations where artificial intelligence is a subject of the contract, and cases where artificial intelligence is a party to the contract. In the former case, it seems that the current general provisions on contractual liability, as well as the provisions governing individual contracts, can be used to a considerable extent. However, contractual liability seems to be much more problematic when a robot is a party to the contract. This issue is inseparable from the developing of intelligent robots (artificial intelligence) and possibly the granting of legal personality to them&#x0D;

Konkurencija ugovorne i vanugovorne odgovornosti za štetu u pravu Srbije - s osvrtom na mađarski Građanski zakonik iz 2013. godine i Projekat reforme francuskog Građanskog zakonika iz 2017. godine

In the Serbian literature the issue of the overlap between contractual and liability in tort has been thoroughly discussed. The majority of references state that the differences between the two regimes of liability outweigh their common features, thus separate sets of rules should exist governing each. There are authors who claim that differences are not of such significance so as make the integral concept of liability for damage senseless, hence they support the idea of regulating both regimes of liability by a single set of rules. The effective Obligations Act of 1978 is in line with the majority opinion, since it envisages different sets of rules for each regime of liability. Taking into account the existing duality of the rules in the Act, which significantly differ on major points, the key issue is the overlap of contractual and tortious liability, namely rules of which system of liability should apply if the injured party may base their claim on both (so-called concurrency of claims). Lacking an explicit rule in the Obligations Act, the majority asserts that the regime more favorable to the injured party should apply, which corresponds to the German solution. The inspiration for this paper is found in the new Hungarian Civil Code from 2013 which, in contrast to its predecessor, the 1959 Civil Code, and the Serbian Obligations Act, contains an explicit rule on the concurrency of claims in contract and tort. It prescribes a mandatory application of the rules of contractual liability even when the inflicted damage supports the application of the rules of the liability in tort. Such an approach is in line with the French non-cumul doctrine. The aim of this paper is, on the one hand, to initiate a discussion whether it would be reasonable to have a statutory rule in the Serbian law regulating explicitly the issue of concurrency of claims in contract and tort. On the other hand, the paper highlights the reasons that led the legislator in Hungary to prohibit the concurrency of claims. The solution of the new Turkish Code of Obligations from 2011 is mentioned in the paper, as well, which also contains an explicit rule on this subject matter. However, it took a diametrically opposite standpoint as the Hungarian Civil Code: it explicitly enables competing claims not only in contract and tort, but according to any set of rules granting redress to the injured party. Finally, the paper gives a review of the Project of the Reform of the French Code Civil concerning the rules of the liability for damage from 2017. The Project envisaged a rule that would codify the traditional standpoint of the case law and doctrine on the exclusion of the concurrence of claims and mandates the application of the rules on contractual liability. The Project specifies, however, some major exceptions, when regardless of the existence of a contract between the parties, the rules of tortious liability apply. For the time being, however, it seems that a genuine will of the legislature is lacking to embody the Project in the amendments of the Code civil.

Movable Servitization – Contractual Liability in the B2C Relationship

Movable Servitization – Contractual Liability in the B2C Relationship

ПРАВОВИЙ АНАЛІЗ ДОГОВОРУ ФРАНЧАЙЗИНГУ В СФЕРІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Introduction. Despite the widespread franchising relations in the world, they still do not have sufficient legal regulation in the national legislation. This can be explained by the fact that franchising in Ukraine began to develop relatively recently, namely with the independence of our country in 1991. The regulatory legal act, which first enshrined the provisions of the franchise agreement, is the Civil Code of Ukraine, but it should be noted that the peculiarity of domestic legal regulation is the use of the category of "commercial concession agreement", which in essence fully corresponds to the franchise agreement. In this context, it is important to conduct a legal analysis of such an agreement and provide proposals for improving the national legislation in the field of regulation of franchising relations. Purpose. The purpose of the study is to conduct a legal analysis and develop proposals for improving the legal regulation of the franchise agreement at the legislative level, taking into account international experience that has already proven its effectiveness and can become the basis for developing amendments to the current legislation of Ukraine. Materials and methods. The materials of the study are: 1) regulatory and legal support of the peculiarities of the legal regulation of the franchise agreement; 2) works of domestic and foreign authors who conduct their scientific and practical research on the subject of the franchise agreement and its components, as well as analysis of proposals for the legal regulation of the franchise agreement. The methodological basis of the work is the following methods: in particular, in the process of studying the subject of the franchise agreement and its components, the methods of analysis and synthesis were used; the method of abstraction and generalization was used in defining the concept and legal nature of the franchise agreement; deduction method - in the development of some proposals for improving the current legislation of Ukraine in the field of legal regulation of the franchise agreement; comparative legal method was used in the process of studying the legal regulation of the franchise agreement in certain countries of the European Union; formal legal method - in the analysis of the norms of current and prospective legislation; system-functional method - in the study of the composition and forms of franchise relations, as well as the structure of the franchise agreement. Results. The process of formation of legal regulation of the franchise agreement in some countries is analyzed. A review of legislative acts was carried out and problems in the legal regulation and definition of the concepts of franchising and commercial concession were identified, and it was noted that differences in the interpretation of concepts in the course of entrepreneurial activity can lead to negative consequences in the form of litigation, loss of status of the organization, reduction of business development efficiency, financial costs, etc. The legal analysis of the transfer of rights under a franchise agreement to a commercial name and trademarks together with commercial information containing information about the experience of the right holder's business activity was carried out. Given the analysis of individual means of individualization of the right holder, attention is drawn to the fact that the individual terms of the commercial concession agreement include the term of its validity. Prospects. Based on the positive experience of the European Union Member States with regard to Ukraine's European integration policy, the author suggests that one of the possible proposals for improving national legislation on the legal regulation of the franchise agreement is the adoption of a separate regulatory act which would enshrine the specifics of legal relations under the commercial concession agreement, as well as revision of the provisions of the Civil and Commercial Codes of Ukraine relating to the legal regulation of pre- contractual liability and disclosure of information about the franchisor's activities. Taking into account Ukraine's choice of the European vector of development, it is proposed to replace the term "commercial concession" with the internationally recognized term "franchising" by amending Chapter 76 of the Civil Code of Ukraine, which, accordingly, should be renamed from "Commercial Concession" to "Franchising". Not only the name of the agreement itself, but also the names of its parties, the right holder and the user, which are currently defined by the current legislation, need to be changed. They should be changed to the franchisor and franchisee respectively, following the example of most foreign countries, including the member states of the European Union.

ГРАЖДАНСКО-ПРАВОВАЯ ОТВЕТСТВЕННОСТЬ ПРИ РАЗРАБОТКЕ И ПРИМЕНЕНИИ СИСТЕМ ИСКУССТВЕННОГО ИНТЕЛЛЕКТА И РОБОТОТЕХНИКИ: ОСНОВНЫЕ ПОДХОДЫ

Introduction: when studying legal issues related to safety and adequacy in the application of artificial intelligence systems (AIS), it is impossible not to raise the subject of liability accompanying the use of AIS. In this paper we focus on the study of the civil law aspects of liability for harm caused by artificial intelligence and robotic systems. Technological progress necessitates revision of many legislative mechanisms in such a way as to maintain and encourage further development of innovative industries while ensuring safety in the application of artificial intelligence. It is essential not only to respond to the challenges of the moment but also to look forward and develop new rules based on short-term forecasts. There is no longer any reason to claim categorically that the rules governing the institute of legal responsibility will definitely not require fundamental changes, contrary to earlier belief. This is due to the growing autonomy of AIS and the expansion of the range of their possible applications. Artificial intelligence is routinely employed in creative industries, decision-making in different fields of human activity, unmanned transportation, etc. However, there remain unresolved major issues concerning the parties liable in the case of infliction of harm by AIS, the viability of applying no-fault liability mechanisms, the appropriate levels of regulation of such relations; and discussions over these issues are far from being over. Purpose: basing on an analysis of theoretical concepts and legislation in both Russia and other countries, to develop a vision of civil law regulation and tort liability in cases when artificial intelligence is used. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods: legal-dogmatic and the method of interpretation of legal norms. Results: there is considerable debate over the responsibilities of AIS owners and users. In many countries, codes of ethics for artificial intelligence are accepted. However, what is required is legal regulation, for instance, considering an AIS as a source of increased danger; in the absence of relevant legal standards, it is reasonable to use a tort liability mechanism based on analogy of the law. Standardization in this area (standardization of databases, software, infrastructure, etc.) is also important – for identifying the AIS developers and operators to be held accountable; violation of standardization requirements may also be a ground for holding them liable under civil law. There appear new dimensions added to the classic legal notions such as the subject of harm, object of harm, and the party that has inflicted the harm, used with regard to both contractual and non-contractual liability. Conclusions: the research has shown that legislation of different countries currently provides soft regulation with regard to liability for harm caused by AIS. However, it is time to gradually move from the development of strategies to practical steps toward the creation of effective mechanisms aimed at minimizing the risks of harm without any persons held liable. Since the process of developing AIS involves many participants with an independent legal status (data supplier, developer, manufacturer, programmer, designer, user), it is rather difficult to establish the liable party in case something goes wrong, and many factors must be taken into account. Regarding infliction of harm to third parties, it seems logical and reasonable to treat an AIS as a source of increased danger; and in the absence of relevant legal regulations, it would be reasonable to use a tort liability mechanism by analogy of the law. The model of contractual liability requires the development of common approaches to defining the product and the consequences of violation of the terms of the contract.

Good Faith and Pre-Contractual Liability in Commercial Contracts: A Comparative Analysis Between Italian and English Law

Good Faith and Pre-Contractual Liability in Commercial Contracts: A Comparative Analysis Between Italian and English Law

Проблемні питання цивільно-правової відповідальності медичних працівників в Україні

The article is devoted to the coverage of one of the most pressing problems of civil law, which is bringing to civil liability of medical workers in cases where they are obliged to compensate for material and moral damage caused to patients by non-performance or improper performance of their professional duties. The article analyzes the types of civil liability and briefly describes the peculiarities of bringing medical workers to them. The cases of lawsuits considered in civil proceedings, in which the defendant was a medical institution or a medical worker, published in the Unified State Register of Court Decisions for the period from January 01, 2021 to December 25, 2022, were studied. It is proved that in practice it is almost impossible for a patient to bring a healthcare professional to civil liability in civil proceedings. Thus, out of 17 cases published in the USRCD during the period from January 01, 2021 to December 25, 2022, which dealt with bringing doctors or other healthcare workers to civil liability, only in 1 case the court fully satisfied the plaintiff's claims, in 2 more - partially, while in the remaining 15 cases the court dismissed the plaintiff's claims in full. Such a small number of satisfied claims of plaintiffs (patients) is due to the fact that in civil proceedings the proof of the vast majority of the circumstances of the case is entrusted to the plaintiff. Since this information requires special knowledge in the field of medicine, the plaintiff himself needs to initiate the quality control of the provided medical care and request the relevant expertise, which creates significant difficulties in practice. The analysis of court decisions made it possible to identify the grounds for contractual civil liability for a medical institution or a doctor, as well as cases in which the court satisfied the plaintiff's claims or refused to do so. The cases of bringing a medical professional to tort liability were also considered and the reasons for the fact that in practice it is quite difficult for plaintiffs to prove the tort in the conduct of a medical professional were identified. It is substantiated that for proper protection of the patient's rights in practice in civil proceedings it is advisable: a) to supplement the current Civil Code of Ukraine with provisions that would regulate the contract for the provision of medical services; b) to create a separate body in the system of state bodies, which should be subordinate to the Ministry of Justice of Ukraine, which would control the quality of medical care in cases of harm to the patient's health.

Duties of the contract drafter

A drafter of contracts (drafter) holds a unique role in the contract life cycle and functions not only as a communicator, but also as an interpreter and an expert in legal knowledge. In the process of drafting of contracts, there may be bona fide mistakes. The common law provides several mechanisms to protect the contracting parties against such mistakes, including overcoming ambiguous language with the application of the contra proferentem rule; overcoming bona fide or intentional mistakes reflected in the written contract by means of applying to the court for rectification, and avoiding contractual liability, where poor document design has resulted in a iustus error. Bona fide mistakes are distinguished from “indifferent draftsmanship” or failure to fulfil a drafter’s professional and ethical duties. The article proposes a framework for the drafter’s professional and ethical duties, including upholding the values of the Constitution of the Republic of South Africa, 1996; acting in the interest of the drafter’s client, whilst maintaining professional and ethical standards; maintaining the expected standard of conduct; acting with honesty and integrity; acting lawfully and legally; avoiding a conflict of interest; maintaining the confidentiality of client information; maintaining professional independence; ensuring that appropriate fees are charged, and maintaining an adequate level of competencies and skills. Failure to adhere to the professional and ethical duties can have significant personal consequences for the drafter, which may include disciplinary action under the Legal Practice Act 28 of 2014 or even liability stemming from a breach of a statutory duty, breach of the contract between the drafter and client, or a delictual claim.

Legal status of third parties in insurance

The article analyzes the legal status of beneficiaries and insured persons in insurance contracts. The status of insured persons is very scarcely defined in Chapter 48 of the Russian Civil Code. The provisions of the general part of the law of obligations also do not apply to them, or apply with substantial differences. For example, Article 430 of the Civil Code does not formally apply to insured persons. However, as they have certain rights arising out of the insurance contract, it is desirable to apply Article 430 to them by analogy. Chapter 48 of the Civil Code contains a number of restrictions and prohibitions related to third parties. The article shows that almost all of them are no longer required and may be removed. In particular, such unnecessary provisions include paragraph 2 of Article 932, which prohibits that a contractual liability insurance contract would nominate an insured party; or paragraph 2 of Article 933, which does not allow that a contract of financial risks insurance nominate a beneficiary or an insured party. Lifting of these restrictions will allow these types of insurance to develop more effectively. The author also shows that insured persons should be allowed in property insurance contracts, although the Civil Code does not provide for this. The article proposes a classification of third parties in insurance depending on the following factors: whether a particular third party may claim insurance payment; whether they may step in the shoes of the insured; whether they have obligations arising out of the insurance contract. It is also suggested that beneficiaries should be subdivided into “revocable” and “irrevocable” depending on how they were appointed. The author puts forward arguments in favour of the position that the beneficiary under a liability insurance contract should always have a direct claim against insurer for the payment of insurance compensation. All third parties in insurance have a certain scope of rights. Above all, these are rights to receive information, i.e. to be aware of the existence of the insurance contract, of their status in it, to become aware in case they are substituted. The insured persons should also be acknowledged to be entitled to waive their rights under the insurance contract. As these rights are not regulated by law, the author suggests that the courts should take charge for their implementation.

Verification of Contractual Liability for Transmission of the Corona virus

This research deals with an important effect of the Corona Virus (COVID 19) outbreak, which is the contractual responsibility of those who cause the transmission of this virus and infect the others. This issue requires having a contractual relationship between the person who causes the mistake of breaching this contract in transmitting the virus and the victim of the infection, as a result of the contractor’s mistake. Therefore, the research studies the elements and conditions of this responsibility, and it also argues the agreement to modify its effects in order to demonstrate the appropriateness of applying the general rules of contractual responsibility to the responsibility based on transmitting this Virus to others.