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Terms in this set (35)
Concept of tort
A tort is a civil, not criminal, wrong
What excludes a tort?
breach of contract
tort in peru is....
A tort entitles a person to...
... claim damages in compensation if people were damaged or loss due to tort can
How has been built Tort law?
upon decisions made in reported court cases called precedents
PRECEDENTES = ________________ = BAJO HECHO POR __________
CASO BAJO, JUEZ.
Negligence, Trespass, Defamation, Nuisance
Negligence in spanish is:
Concept of negligence:
the breach of a duty of care which is owed to a claimant, who in consequence suffers injury or a loss.
Claimant in spanish is:
Trespass in spanish is:
Concept of trespass:
direct and forcible injury,
Example of trespass
if person. A walks over B's land without lawful justification or A removes B's goods without permission.
Concept of Defamation
publishing a statement about someone which lowers the person in the opinion to others.
Defamation is known as __________ when in a permanent form, and ________________.
Nuisance in spanish is:
if A acts in a way which prevents B from the use and enjoyment of his land.
legal responsibility for damage independent of negligence, is imposed on __________ and ___________by the _______________.
producers, suppliers, Consumer Protection Act
Consumer Protection Act in spanish is:
Ley de Protección de los Consumidores
What puts into effect the Consumer Protection Act?
a European Union Product Liability Directive
Liability in spanish is:
EJEMPLO DE PRODUCTO DEFECTUOSO:
EG: ENCONTRAR UN BICHO EN LA COCA
Claimant is a______ (England and Wales) and __________(Scotland)
CLAIMANT IS SPANISH IS:
The amount of damages, known as __________, is usually made up 2 aspects.
General Damages CONCEPT
are paid to compensate the claimant for the pain and suffering resulting from the injury and for the effect this has on their life.
General damages are difficult to assess and guidelines are published by the_______________
Judicial Studies Board.
Assess in spanish is:
general damages in peru...
DAÑO EMERGENTE, SIGNIFCA LA SITUACIOIN QUE PROCEDE AL TORT, LA CONSECUENCIA DIRECTA.
Special Damages are calculated_________________
concept of Special Damages
these consist of claims for the past and future financial loss to the claimant.
Special Damage includes _________________, in addition to the ___________________ and necessary ______________ required as a result of the injury.
loss of earning, cost of care, equipment
SPECIAL DAMAGES IN PERU MEANS
LUCRO CESANTEM, SUCEDE CUANDO TIENES UN ACCIDENTE, Y ERES EL RESONSABLE,
when liability is admitted.....
it may be appropriate to make interim payments on account of the full award.
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