Unlawful Acts
Unlawful Acts mean any wrongful or negligent act which damages another person i.e. health, body, property, etc. It is called unlawful acts. Thai law explained the unlawful acts most commonly named as wrongful acts. It states that every person in the state has equal rights and duties. It is the legal duty of every person to protect his rights and also respect the rights of other citizens.
Let’s take an example of unlawful acts to make it easier for understanding; You are driving your car on the road and fulfilling all the traffic laws while driving and suddenly a car hit your car. You faced serious injuries and other financial losses. Later on, during the investigation, law enforcement agencies found that the driver was drunk at the time of the accident. It is the unlawful act of the offender due to which the victim faced economical and non-economic losses. Now it is your right to file the claim against the offender and recover all the damages.
civil litigation
Mutatis Mutandis:
Every person is responsible for his unlawful acts, he is answerable before the court and other legal authorities and also to pay the damages. Thai laws elaborate on the Latin term Mutatis Mutandis in section 427. It means ‘by changing those things which need to be changed’. In this section, the law elaborates about the Principal and Agent and other terms where the accused is not directly responsible for his unlawful acts. In Principal and Agent, the principal is responsible and answerable before the law against any unlawful act done by the agent. He will give all remedies ordered by the court and mentioned in the law.
Similarly, an employer is also responsible for the unlawful act done by the employee during the scope of work. For example, an employee was delivering the goods of a company from one city to another, and due to negligence or wrongful act, he faced an accident. The victim faced physical injuries, emotional injuries, and other financial losses. Here the employer is also responsible for the wrongful act of the employee because at that time, the employee was doing the assigned work by the employer so he will also pay the damages to the injured party.
Thai law further states that; if a teacher, employer, or any other person takes the responsibility or supervision of an incapacitated person then he is responsible for every unlawful act done by him. He will pay the damages to the injured party.
Procedure to file the claim against Unlawful Act:
If you are injured due to the unlawful act or negligence of another person then it is your legal right to file the suit against the accused. In Thai law, the victim has one year to file the claim against the accused so you should file the suit within one year (start from the day of injury). Before filing the suit, you must know how many injuries you have faced and what should be the total sum of claims. For example, you had an accident and faced huge losses, now you should calculate all expenses that you spent on medical treatment, loss of wages, other financial losses, etc. It will help you to recover all damages. In these cases, you should consult with an attorney before filing the suit. He will help you to calculate the total damages, advise you about your claims, rights in Thai Laws, and all other liabilities. He will also professionally and legally proceed with your case in court and help to recover all the damages.
Remedies against Unlawful Act:
Thai law gives many remedies to the victims according to their injuries. The remedies against unlawful acts are different according to the act done by the accused and its circumstances.
If a person unlawfully deprived a person of his property rights or ownership. The court will reward him with the right of property and also other financial loss and emotional injuries. Similarly, if a person is injured in an accident he can recover the following remedies from the accused;
1. Medical bills
2. Other Financial loss
3. Lost of job
4. Non-economic loss (depression, stress, pain, and suffering)
If a person dies due to wrongful death (unlawful act or negligence of another person), the heirs of the deceased can file the claim against the wrongful death. In this case, every legal representative can demand compensation for the injury he faced due to the death of the deceased. For example, loss of companionship, financial loss, etc.
The important thing to consider here is, you can only get these remedies against the injuries when you have filed a strong case based on facts, evidence, and witnesses. A lawyer can help you to manage all these things and to proceed with the case in court. You can rely on the legal expertise of a lawyer to recover your damages.