Social Contact Responsibility

Even in the absence of a specific contract between parties, there are aspects of “social contact” in which unstipulated contractual rules are applied. In particular, this occurs in schools and health facilities.

By social contact we mean the relationship between two subjects, without a physical contract between them. Specifically, in instances where one of the two parties relies on the other’s duty of diligence, by virtue of the technical and professional skills that they possess and from which the relationship derives.

Social contact liability arises in the absence of a “contract”, but in the presence of “contact”, that is, a relationship between subjects under certain conditions. This determines a legal obligation regardless of whether the parties have entered into a written agreement.