OFFENSE

A tort in civil matters is a wrongful and damaging act committed willfully. It is covered by article 1382 of the Civil Code and entails the tort liability of its author. It matches the fault. The civil fault of the Civil Code retained by the drafters of the Code of 1804 does not coincide with moral fault.

The offense is distinguished from the quasi-offense, referred to in article 1383 , which is an unintentional damaging act resulting from a simple fault of recklessness or negligence, however slight.

Despite the difference in the moral order, the civil code attaches to the offense and the quasi-offense the same consequences and obliges the party responsible to fully compensate for the damage he has caused.

The term misdemeanor covers, depending on the case, either all offenses or certain offenses more serious than contraventions but less serious than crimes.