Author(s): Nasser Zakarrya Hussein Aburumman, Basil Fawzi Abd-Albasset Al-tahat
The absence of an explicit provision in the legislation that establishes the general rule regarding contractual liability for the action of others does not prevent the recognition of this rule, so the debtor in a contractual obligation is required to implement his mistakes into effect (under the contract). Hence, the debtor should be asked about all the damages resulting from the mistakes of his assistants who carry out his obligation. It is incorrect to say that the absence of a contracting doctor’s mistake leads to his lack of responsibility and that the creditor—the contracting patient or the injured person—can return in his claim of negligence on others—the medical assistants—who have caused harm by their mistake. The creditor contracts with the debtor, giving him his confidence in the implementation of the obligations arising from this contract, and undoubtedly this liability achieves effective protection for the creditor.