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THE BORDER BETWEEN VICTIM’S EXCLUSIVE FAULT AND CONTRIBUTORY NEGLIGENCE ON THE BASIS OF CHILEAN JURISPRUDENCE
This article refers to the victim’s fault in its two aspects: exclusive fault of the victim and contributory negligence. On the basis of the Chilean Supreme Court jurisprudence, it demonstrates that they correspond to two separate institutions, which play different roles in judgment of civil liability. Exclusive fault is an argument to prove the absence of liability of the defendant, but it doesn’t entail a legal analysis of the victim’s conduct, but only a factual explanation for agent’s conduct. Contributory negligence, instead, presupposes the defendant’s liability, that’s why it requires such legal analysis. In this case, is necessary to demonstrate that with respect to the victim’s conduct concur the legal requisites to elevate it from a simple condition to a cause of the accident, according to standard causality criteria. These requisites are not addressed in this paper.
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CARTEL AND CIVIL LIABILITY FOR COLLECTIVE DAMAGE TO CONSUMERS
It addresses the central issues of liability for collective or diffuse damages caused by cartel to consumers. Specifically, standing of consumers (requirement of “contractual link” and incidence of the free competition judgment), culpability and damage (nature, quantification and causality).