Tort Liability of Officials and Civil Tort

Abstract

The academic article on Tort Liability of Officials and Civil Tort is a comparison of civil liability and tort liability of officials. Therefore, it is known that the elements of a tort are as follows: 1. Intentional or negligent action 2. Acting illegally 3. The action causes damage to other persons and 4. The damage is a result of the action. As for the tort under the Tort Liability of Officials Act B.E. 2539, it is a law that has been enforced for the reason that the work of officials is not for personal benefit. Sometimes, damage may occur due to unintentional or minor mistakes, but they must be personally liable. In the past, the principle of joint debtors was used, causing officials to be jointly liable for the actions of others, which is a system that aims to receive full compensation without considering the fairness of each person. Therefore, it causes injustice and also undermines the morale of officials, to the point that sometimes it is a problem in administration because officials do not dare to make decisions in their work as they should. Therefore, officials are liable for torts in performing their duties only when there is intentional damage or serious negligence. And separate the responsibilities of each person. This is to create fairness and increase the efficiency of the government's.