Tort Law In Chile

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Tort Law in Chile

Author : Alfredo Ferrante
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403546921
Total Pages : 431 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in Chile by : Alfredo Ferrante

Download or read book Tort Law in Chile written by Alfredo Ferrante and published by Kluwer Law International B.V.. This book was released on 2022-04-21 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the Chile. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Chile. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Tort Law in Chile

Author : Alfredo Ferrante
Publisher :
ISBN 13 : 9789403549316
Total Pages : 272 pages
Book Rating : 4.5/5 (493 download)

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Book Synopsis Tort Law in Chile by : Alfredo Ferrante

Download or read book Tort Law in Chile written by Alfredo Ferrante and published by . This book was released on 2022-04-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the Chile. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Chile. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

International Encyclopedia of Comparative Law

Author : Viktor Knapp
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024727872
Total Pages : 820 pages
Book Rating : 4.7/5 (278 download)

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Book Synopsis International Encyclopedia of Comparative Law by : Viktor Knapp

Download or read book International Encyclopedia of Comparative Law written by Viktor Knapp and published by Martinus Nijhoff Publishers. This book was released on 1983 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Private Wrongs

Author : Arthur Ripstein
Publisher : Harvard University Press
ISBN 13 : 0674659805
Total Pages : 328 pages
Book Rating : 4.6/5 (746 download)

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Book Synopsis Private Wrongs by : Arthur Ripstein

Download or read book Private Wrongs written by Arthur Ripstein and published by Harvard University Press. This book was released on 2016-04-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 8. Remedies, Part 1: As If It Had Never Happened -- Chapter 9. Remedies, Part 2: Before a Court -- Chapter 10. Conclusion: Horizontal and Vertical -- Index

Recognizing Wrongs

Author : John C. P. Goldberg
Publisher : Harvard University Press
ISBN 13 : 0674246527
Total Pages : 393 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Recognizing Wrongs by : John C. P. Goldberg

Download or read book Recognizing Wrongs written by John C. P. Goldberg and published by Harvard University Press. This book was released on 2020-02-04 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two preeminent legal scholars explain what tort law is all about and why it matters, and describe their own view of tort’s philosophical basis: civil recourse theory. Tort law is badly misunderstood. In the popular imagination, it is “Robin Hood” law. Law professors, meanwhile, mostly dismiss it as an archaic, inefficient way to compensate victims and incentivize safety precautions. In Recognizing Wrongs, John Goldberg and Benjamin Zipursky explain the distinctive and important role that tort law plays in our legal system: it defines injurious wrongs and provides victims with the power to respond to those wrongs civilly. Tort law rests on a basic and powerful ideal: a person who has been mistreated by another in a manner that the law forbids is entitled to an avenue of civil recourse against the wrongdoer. Through tort law, government fulfills its political obligation to provide this law of wrongs and redress. In Recognizing Wrongs, Goldberg and Zipursky systematically explain how their “civil recourse” conception makes sense of tort doctrine and captures the ways in which the law of torts contributes to the maintenance of a just polity. Recognizing Wrongs aims to unseat both the leading philosophical theory of tort law—corrective justice theory—and the approaches favored by the law-and-economics movement. It also sheds new light on central figures of American jurisprudence, including former Supreme Court Justices Oliver Wendell Holmes, Jr., and Benjamin Cardozo. In the process, it addresses hotly contested contemporary issues in the law of damages, defamation, malpractice, mass torts, and products liability.

Torture as Tort

Author : Craig Martin Scott
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316808
Total Pages : 493 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Torture as Tort by : Craig Martin Scott

Download or read book Torture as Tort written by Craig Martin Scott and published by Bloomsbury Publishing. This book was released on 2001-05-22 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The controversial nature of seeking globalised justice through national courts has become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought to bring to account under international criminal law the former President of Chile,for violations in Chile of human rights of non-Spaniards. Some have reacted to the involvement of Spanish and British judges in sanctioning a former head of state as nothing more than legal imperialism while others have termed it positive globalisation. While the international legal and associated statutory bases for such criminal prosecutions are firm, the same cannot be said of the enterprise of imposing civil liability for the same human-rights-violating conduct that gives rise to criminal responsibility. In this work leading scholars from around the world address the host of complex issues raised by transnational human rights litigation. There has been, to date, little treatment, let alone a comprehensive assessment, of the merits and demerits of US-style transnational human rights litigation by non-American legal scholars and practitioners. The book seeks not so much to fill this gap as to start the process of doing so, with a view to stimulating debate amongst scholars and policy-makers. The book's doctrinal coverage and analytical inquiries will also be extremely relevant to the world of transnational legal practice beyond the specific question of human rights litigation. Cited in Nevsun Resources Ltd. v. Araya, 2020 SCC 5.

Explaining Tort and Crime

Author : Matthew Dyson
Publisher : Cambridge University Press
ISBN 13 : 1107144868
Total Pages : 559 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Explaining Tort and Crime by : Matthew Dyson

Download or read book Explaining Tort and Crime written by Matthew Dyson and published by Cambridge University Press. This book was released on 2022-07-21 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the development of tort law and criminal law in England by reference to other legal systems from 1850-2020.

Philosophy and the Law of Torts

Author : Gerald J. Postema
Publisher : Cambridge University Press
ISBN 13 : 9780521041751
Total Pages : 0 pages
Book Rating : 4.0/5 (417 download)

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Book Synopsis Philosophy and the Law of Torts by : Gerald J. Postema

Download or read book Philosophy and the Law of Torts written by Gerald J. Postema and published by Cambridge University Press. This book was released on 2007-09-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.

Research Handbook on the Economics of Torts

Author : Jennifer Arlen
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006172
Total Pages : 668 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on the Economics of Torts by : Jennifer Arlen

Download or read book Research Handbook on the Economics of Torts written by Jennifer Arlen and published by Edward Elgar Publishing. This book was released on 2013-11-29 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on issues of vital importance to those seeking to understand and reform the tort system, this volume takes a multi-disciplinary approach, including theoretical economic analysis, empirical analysis, socio-economic analysis, and behavioral anal

Prosecutorial Accountability and Victims' Rights in Latin America

Author : Verónica Michel
Publisher : Cambridge University Press
ISBN 13 : 1108390137
Total Pages : 247 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Prosecutorial Accountability and Victims' Rights in Latin America by : Verónica Michel

Download or read book Prosecutorial Accountability and Victims' Rights in Latin America written by Verónica Michel and published by Cambridge University Press. This book was released on 2018-01-18 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The responsibility of any state is to protect its citizens. But if a state, either through omission or commission, fails to investigate and prosecute crime then what remedies do citizens have? Verónica Michel investigates procedural rights in Chile, Guatemala, and Mexico that allow citizens to call for the appointment of a private prosecutor to initiate criminal investigations. This right diminishes the monopoly of the state over criminal prosecutions and thus offers citizens a way of insisting on state accountability. This book provides the first full-length empirical study of how the victims' right to private prosecution can impact access to justice in Latin America, and shows how institutional and legal arrangements interact to shape the politics of criminal justice. By examining homicide cases in detail, Michel highlights how everyday legal struggles can help build the rule of law from below.

Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD)

Author : Maciej Domański
Publisher : Taylor & Francis
ISBN 13 : 1003802907
Total Pages : 839 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) by : Maciej Domański

Download or read book Models of Implementation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) written by Maciej Domański and published by Taylor & Francis. This book was released on 2023-11-22 with total page 839 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the implications of Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD), its resulting standard of protection for persons with disabilities and the way it is understood and implemented in its diverse signatory states. Its overarching theme is to assess the impact of CRPD Article 12 on the private law concept of legal capacity and its limitations, the significance of which carries over into the realm of penal law regulations. Its impact is analysed primarily from the legal point of view, but with due regard for its psychological and psychiatric ramifications. Recognising the importance of these disciplines is important when implementing CRPD Article 12 into domestic law, as they contribute to the determinants in creating a qualificatory legal framework for all, persons with disabilities in particular, to exercise their rights to legal capacity without let or hindrance. As active legal capacity is a notion rooted in and coming from private law, this forms the main research perspective. The first section discusses the foundational concepts constituting the CRPD Article 12 standard from domestic private law and international law perspectives. The work shows that the concepts adopted in private law interact with the protection of persons with disabilities as victims provided for in criminal law. In addition, where relevant, authors also look at public law institutions that are connected with the private law solutions. The volume will be an essential reference for academics, researchers and policy-makers working in the areas of private law, criminal law, mental health law, human rights, discrimination law as well as psychology and psychiatry.

Writing the World of Policing

Author : Didier Fassin
Publisher : University of Chicago Press
ISBN 13 : 022649778X
Total Pages : 308 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Writing the World of Policing by : Didier Fassin

Download or read book Writing the World of Policing written by Didier Fassin and published by University of Chicago Press. This book was released on 2017-10-25 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: As policing has recently become a major topic of public debate, it was also a growing area of ethnographic research. Writing the World of Policing brings together an international roster of scholars who have conducted fieldwork studies of law enforcement in disadvantaged urban neighborhoods on five continents. How, they ask, can ethnography illuminate the role of the police in society? Are there important aspects of policing that are not captured through interviews and statistics? And how can the study of law enforcement shed light on the practice of ethnography? What might studying policing teach us about the epistemological and ethical challenges of participant observation? Beyond these questions of crucial interest for criminology and, more generally, the social sciences, Writing the World of Policing provides a timely discussion of one of the most problematic institutions in contemporary society.

PRODUCT LIABILITY

Author : Helmut Koziol
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110547554
Total Pages : 624 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis PRODUCT LIABILITY by : Helmut Koziol

Download or read book PRODUCT LIABILITY written by Helmut Koziol and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-11-07 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume’s comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.

Corporate Responsibility Under the Alien Tort Statute

Author : Michael Koebele
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 900417365X
Total Pages : 429 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Corporate Responsibility Under the Alien Tort Statute by : Michael Koebele

Download or read book Corporate Responsibility Under the Alien Tort Statute written by Michael Koebele and published by Martinus Nijhoff Publishers. This book was released on 2009 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Alien Tort Statute (also referred to as the Alien Tort Claims Act) is a US statute that provides a cause of action for violations of international law. While originally used against former dictators and military officials who fled to the U.S. after the respective governments in their home countries have been removed, human rights activists are now targeting transnational corporations or multinational enterprises for human rights violations in connection with their investments made outside the United States. This book examines and analyzes corporate liability under the Alien Tort Statute.

Justice in Transactions

Author : Peter Benson
Publisher : Belknap Press
ISBN 13 : 0674237595
Total Pages : 625 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Justice in Transactions by : Peter Benson

Download or read book Justice in Transactions written by Peter Benson and published by Belknap Press. This book was released on 2019-12-17 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: “One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.

The Evolution from Strict Liability to Fault in the Law of Torts

Author : Anthony Gray
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940995
Total Pages : 287 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Evolution from Strict Liability to Fault in the Law of Torts by : Anthony Gray

Download or read book The Evolution from Strict Liability to Fault in the Law of Torts written by Anthony Gray and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strict liability and the common law -- Strict liability and particular torts in legal history -- Rylands v Fletcher in the United Kingdom -- Comparative approach to Rylands v Fletcher liability -- Summary of the theoretical debate : strict liability and fault-based liability -- Critical reflections on the justifications for strict liability -- The tort of nuisance and fault -- Strict liability in the law of defamation -- Trespass and fault.

Regulating Risk Through Private Law

Author : Matthew Dyson
Publisher :
ISBN 13 : 9781780686370
Total Pages : 531 pages
Book Rating : 4.6/5 (863 download)

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Book Synopsis Regulating Risk Through Private Law by : Matthew Dyson

Download or read book Regulating Risk Through Private Law written by Matthew Dyson and published by . This book was released on 2018 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume sets out, for nine significant legal systems, an overarching conception of risk in legal theory, particularly of the linked role of risk-taking in generating liability and in liability regulating risk. It is the first book-length comparative attempt to explain what risk-based reasoning adds to private law, with a core focus on the law of tort.