Element of damage as a condition for civil liability

The damage occupies an important position among the pillars of civil liability, as it is the strength of civil liability, civil liability is that every mistake caused damage to others is obligated by the person who committed it to compensate, that damage is the essential element of civil liability in general, whether contractual or tort, and through the type of damage we can determine the type of liability, if the damage was a breach of a contractual obligation, the liability was contractual, and if the damage was caused by a breach of an obligation imposed by law, the liability was in tort. The forms of damage vary according to the type of liability between a liability prior to the contract, which is the stage that the French legislator paid attention to in the recent amendments, as we will see later in the folds of the research, and damage in contractual liability and damage in tort. Based on the above, we have devoted the first section of this research to talk about the damage period prior to the contract, the section has been devoted to talk about the damage in both contractual and tort liability.