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

Risan, Jawad Kadhim; Hanoun, Nisreen Ghanem

doi:10.63677/jqlap.2025.161170.1371

	The Element of Fault and Its Main Manifestations in Bullying Against Minors – A Comparative Study
AL-Qadisiya Journal For Law and Political Sciences
Article 36, Volume 16, Issue: 1 part 2 / 2, June 2025, Pages 731-756 PDF (1.48 M)
Document Type: Research Paper
DOI: 10.63677/jqlap.2025.161170.1371
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

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