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Search Results
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BRIEF REVIEW OF LIABILITY FOR INTERFERENCE OF CONTRACTS COMPETITOR IN CHILE IN LIGHT OF THE COMMON LAW
This article seeks to make a contribution to a better understanding of liability for interfering and inducing the breach of contracts made by rivals, a novel area of tort law in Chile. Section i introduces the problem which is particularly conspicuous in relation to non-compete clauses. Section iibriefly describes tort liability for interfering with another’s contract, the paradigm followed in France that has had a clear influence upon part of the Chilean legal doctrine. Section iii, the main chapter of this paper, examines the tort of inducing breach of contract typified in the LCD; it reviews the conditions for attributing tort liability for this conduct in the light of English law; and it emphasizes the need for requiring bad faith and intention if liability is to be consistent with the freedom to compete. Section iv concludes that the future Chilean case law could impose tort liability for negligently bad faith interference with another’s contract or adhere to an even more conservative position that confines liability to the tort of inducing breach of contract, as happens in the English Law.
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HEALTHCARE LIABILITY DUE TO MEDICAL NEGLIGENCE. A PROPOSAL FOR SYSTEMATIZATION
This article aims to systematize the liability of public and private health institutions as a result of medical negligence, through a dogmatic analysis of the problem and the decisions of seventy rulings selected for the study, as they substantiate such liability in various ways or resolve different systematic assumptions. The article includes a conclusions section that highlights the main findings of the study.
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LIABILITY AS A FORM OF PRIVATE IMPLEMENTATION OF COMPETITION LAW
This article tackles private antitrust enforcement, focusing on one of its concrete expressions: tort liability, in particular between rivals. Using elements of foreign and Chilean law, this article shows that tort liability makes a limited contribution to the deterrence and punishment of anticompetitive conduct. First, antitrust infringements impair mainly consumers and markets as a whole, whilst tort liability is esentially an instrument of compensation for the harm that those acts inflict on individual and identifiable victims, like competitors. Secondly, the complex proof of harm and causation significantly restricts the chance of obtaining redress, thus diminishing the effectiveness of tort liability as a deterrent to anticompetitive behaviour.
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THE PROOF OF SPECIFIC CAUSATION: AN INSURMOUNTABLE BARRIER TO IMPOSE ENVIRONMENTAL LIABILITY AND TORT LIABILITY FOR HARMS ARISING FROM CLIMATE CHANGE?
In this article I argue that, in order to overcome successfully the current impossibility of showing the causal link between greenhouse gas emissions released by one or more individualized agents and the environmental and/or personal damage for which reparation is sought –immediately attributable to specific climate changes and more remotely to global warming where their activity has an impact– it is not enough for the Chilean environmental courts and courts of justice to use judicial presumptions and shift the burden of proof to those actors, but they would have to modify radically their understanding of the foundation and aim of environmental liability and tort law, through the replacement of the traditional and deterministic idea of causation, based on but for test, by a probabilistic notion of it, supported by the climate attribution science and normative criteria of causation, whereby the emitters are held liable for harm that most likely did not inflict but at most contributed to cause.
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THE INFLUENCE OF TORT LAW ON STATE LIABILITY FOR LACK OF SERVICE
This article analyzes the influence of tort law on State liability for lack of service from Peter Cane’s theory developed in Tort Law and Public Functions. At this point, the paper addresses three fundamental aspects: the normative structure in the relationships of juridical inequality, the role of egalitarianism in State responsibility, and the duty to compensate the damages caused by public agents. First, it states that the normative structure of public responsibility must be understood in terms of corrective justice since there is a party that must correct the illegitimate damage caused by another. Second, it proposes that equality between the parties functions as a distributive criterion to reduce the state subordination exercised on the administered. Finally, it contrasts the objectives of State responsibility and tort law and identifies the general reasons why the Administration should compensate for the damages caused to the administered.
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INSURABLE LIABILITY UNDER CHILEAN LAW
This paper is aimed at reviewing synthetically the kinds of liability which can be insured in domestic law, thereby outlining a concept of “insurable risk” for this particular form of insurance. For this purpose, the first section expounds the types of liability which are not insurable or which are generally excluded from the most commonly used policies (fines, contractual obligations, penal clauses, and liability for breach of contract under certain circumstances). The second part contains a detailed analysis of the forms of tort liability which can be insured in Chile (for own deeds, for another’s acts, for the facts of things, and strict liability).