Wrongful Acts

Wrongful Acts Under Thai Law

Can I file a lawsuit against someone under the Wrongful Acts Law of Thailand? This question is often asked. This article is going to give you basic information about it under Thai law. It aims to give essential elements of its meaning, liability, compensation and prescription. Short and easy to read, we hope it is useful to you. 

Meaning

Wrongful acts mean all actions which willfully or negligently, unlawfully injures not only the life, body, health, liberty and property but also reputation or the credit and any right of another person. The important element of wrongful acts is unlawful action which causes any damage to another. The exercise of a right which only has the purpose of causing injury to another is also unlawful according to the Section 420, 421 and 423 of Civil and Commercial Code (CCC). 

Liability

In principle a person who creates a wrongful act is bound to make compensation to the injured person. However, sometimes a person has liability for another person’s action. For example, an employer is jointly liable with the employee by his employment, if damage is caused by an animal, the owner or the person who undertakes the animal is bound to compensate the injured person (Section 425, 433 of CCC) etc. 

It isn’t only people mentioned above who are bound to make the compensation but also a person who instigate or assist in a wrongful act are jointly bound to the compensation too.

Although, a minority or unsoundness of mind is liable for the consequences of his wrongful act. In this case, the parents or the guardian are jointly liable with such wrongful act, unless they or he can prove that proper care in performing his duty of supervision has been extended (Section 429 of CCC).

Compensation

The Compensation may include restitution of the property or its value as well as damages for any injury caused. The Court will determine the compensation according to the circumstances and the gravities.  However, sometimes, the damages may be contributed by an action of the injured person, in this case the action of the injured person will be determined for compensation (Section 438 and 442 of CCC). 

Prescription

Lawsuits must be filed to Court within one year from the date of wrongful act AND the person who is bound to the compensation became known to the injured person OR ten years from the date of the wrongful act was committed. But, if the action is also a criminal case, the longer prescription shall apply Section 448 of CCC). Longest prescription of criminal case under the Criminal Code of Thailand is 20 years. 

Sometimes, wrongful acts can be complicated, especially liability and compensation. Consult with a lawyer you can trust before legal action is always the best for preparing your case.

Article by
Akenarin Thongplod
Thai Barrister at Law