Tort
There are three pillars of tort liability, namely:
1. wrong (tort)
2. Damage
3.alaqh causality between fault and damage.
First: the wrong (tort)
Is a breach of an obligation, and consists Altgosaira error of two elements:
Second, damage
It is harm to the person aggrieved than necessary financially compensated or morally because it touches such a right or legitimate for other interest, whether right or interest to life or the right to safety somatic, or not to touch the emotions, money or freedom or honor and so on for other members.
A. Terms of damage in tort: There are conditions that must be provided for damage in responsibility
Tort compensation until they are namely:
1. The damage investigators: that is fixed and de facto …show more content…
The damage to those who personally asked for compensation: I do not accept the claim for compensation only by the victim himself or any other person having legal status as an attorney or a lawyer, or to be compensated for injury claims may hit the injured person, whether the right of his body or his money or his moral, also, the damage does not stop at the victim alone, but also includes other people, which affects the damage apostate, which harm people accordingly.
5. The damage has not been compensated in the past: The objective of the compensation is reparation and not inflict harm Balvaal, and his goal wiped harm and minimize it, so that may not be the victim that gets more than compensate for the same harm, except in the case of instability harm, and this sense it does not have the right to aggrieved to spend more than compensated on the same hard damage.
B. The types of damage in tort: Most of the scholars of the Civil Code section went to work on the division of the damage to three types: physical damage, financial damage, and moral damage.
1. physical damage: a harm to the human body can either cause the loss of the human spirit, or that affects the body's hurt and does not cause death, but the body was hurt or disfiguring injury, delaying some members of the body and be either temporary or permanent …show more content…
There are certain factors that may occur and lead to a cut causal relationship and fall under the so-called foreign reason which is defined as "any act or a particular incident does not belong to the actor and leads to the inevitable damage occurs Msthi not, and the most prominent images of foreign why:
1. fortuitous event or force majeure which can not be predicted or avoided, and would make Msthi or not is a separate incident, the will of the debtor can not be predicted or resist implementation.
2. injured error: so it is possible that the patient work or his behavior that led to the injury thereby eliminating the responsibility and the lesson to be injured error can not be predicted or paid or realized so that there is no way to avoid the accident.
3. error Almder: to be the reason that led to the injury forfeit responsibility for the defendant, provided that it is as we have said is the reason for the occurrence of the damage is caused foreigner if impossible for the injury and the unexpected and can not be avoided, and should not
There are three pillars of tort liability, namely:
1. wrong (tort)
2. Damage
3.alaqh causality between fault and damage.
First: the wrong (tort)
Is a breach of an obligation, and consists Altgosaira error of two elements:
Second, damage
It is harm to the person aggrieved than necessary financially compensated or morally because it touches such a right or legitimate for other interest, whether right or interest to life or the right to safety somatic, or not to touch the emotions, money or freedom or honor and so on for other members.
A. Terms of damage in tort: There are conditions that must be provided for damage in responsibility
Tort compensation until they are namely:
1. The damage investigators: that is fixed and de facto …show more content…
The damage to those who personally asked for compensation: I do not accept the claim for compensation only by the victim himself or any other person having legal status as an attorney or a lawyer, or to be compensated for injury claims may hit the injured person, whether the right of his body or his money or his moral, also, the damage does not stop at the victim alone, but also includes other people, which affects the damage apostate, which harm people accordingly.
5. The damage has not been compensated in the past: The objective of the compensation is reparation and not inflict harm Balvaal, and his goal wiped harm and minimize it, so that may not be the victim that gets more than compensate for the same harm, except in the case of instability harm, and this sense it does not have the right to aggrieved to spend more than compensated on the same hard damage.
B. The types of damage in tort: Most of the scholars of the Civil Code section went to work on the division of the damage to three types: physical damage, financial damage, and moral damage.
1. physical damage: a harm to the human body can either cause the loss of the human spirit, or that affects the body's hurt and does not cause death, but the body was hurt or disfiguring injury, delaying some members of the body and be either temporary or permanent …show more content…
There are certain factors that may occur and lead to a cut causal relationship and fall under the so-called foreign reason which is defined as "any act or a particular incident does not belong to the actor and leads to the inevitable damage occurs Msthi not, and the most prominent images of foreign why:
1. fortuitous event or force majeure which can not be predicted or avoided, and would make Msthi or not is a separate incident, the will of the debtor can not be predicted or resist implementation.
2. injured error: so it is possible that the patient work or his behavior that led to the injury thereby eliminating the responsibility and the lesson to be injured error can not be predicted or paid or realized so that there is no way to avoid the accident.
3. error Almder: to be the reason that led to the injury forfeit responsibility for the defendant, provided that it is as we have said is the reason for the occurrence of the damage is caused foreigner if impossible for the injury and the unexpected and can not be avoided, and should not