Success in the case for compensation

News / 25.05.2017

The Regional Court in Rzeszow dismissed in its entirety the claim brought against the Law Firm’s Client for payment of compensation for the harm suffered in the form of disruption of the plaintiff’s health in connection with the performance of a construction contract.

The plaintiff (an individual) claimed payment of compensation to him under Article 443 of the Civil Code in connection with the Client’s (the company) improper performance of its contractual obligations under the construction contract between the Client and the company, in which the plaintiff served as chairman of the board.

Dismissing the claim, the Court pointed to the lack of premises – in particular, an adequate causal connection – conditioning the Client’s liability. Moreover, the Court found no basis for assuming that in the present case the plaintiff proved the existence of an unlawful harmful event directed against the person of the plaintiff himself.

In this context, noteworthy is the position of the Court, according to which the improper performance of the contractual provisions, arising from a contract linking companies, cannot be the basis for claims for damages under the regime of contractual liability by the plaintiff, who is a natural person, regardless of the fact that he was the president, or a partner, of one of these companies – a party to the construction contract.