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.

The concept of social contact belongs to the category of “de facto contractual relations” and has been acquired by Italian decree (adopted from Germany) in recent years.

It is mainly applied in schools to determine the responsibilities of teaching staff in the event of self-harm inflicted by pupils but also for those of protected professions (medical, banking, legal, financial).

Protected professions are those whose practice is subject to registration in special registers or lists (article 2229 of the Civil Code) kept by the respective professional associations.

Professional responsibility and social contact

In the professional context, when a code of conduct is violated, certain responsibilities are inferred. If it is contractual, the violation occurs by not respecting signed agreements. If the violation is done via social contact, the deficiency is between two parties who are not contractually bound.

The decree has shown, through different rulings, the goal of working toward a clear understanding of a contractual nature in both situations; contractual liability in the formal sense and also contractual liability within social contact.

By observing both situations in the same way, situations that would normally fall under Aquilian (or non-contractual) are treated in the same manner as contractual.

Examples of social contact

A profession like that of a doctor requires specific qualifications that oblige him to behave diligently, regardless of the circumstances in which he works. Every relationship between a professional and a client/patient/pupil can be...