Author(s): Amnah Abbas Hussein
The basis of administrative responsibility with the presence of error is originally based on the same foundations of tort liability and its elements (error and harm causal relationship), but because there are cases with which that application of responsibility is absent and away from justice and in which there is a waste of the rights of those affected by the administration’s act despite the lack of error from Aside from it, which became urgent with him, he laid new foundations for this responsibility, so the so-called risk theory emerged. Which necessitates the availability of a harmful act and its concept of every harm, whether it is based on error or without error? The judge resorts to applying the theory of risk when it is not possible to arrange responsibility on the basis of an error on the part of management, so the two theories complement each other.