Guaranties

nedjelja, 13.10.2013.

Causal relationship

According to its gradation, or degree of severity of the fault:
Negligence: Is that because you only incur the most reckless person, more careless, or negligent. The fault called negligence is inexcusable.
Mild Guilt: That which is not to provide to businesses and other care that ordinary men commonly bring to their scrisoare de garantie businesses. It is opposite to the common diligence. Ordinary negligence, is that they would not incur blame a person usually careful, reasonable care, current and sensible.
Slight fault: The fault is not to provide the care that people bring to their business cunning. This guilt is exact opposite to deliberately fill. The slight fault is that it does not incur a very diligent, very careful or clever, extraordinarily insightful.

Causation does not include merely the link or physical type relationship between guilt and damage, but also a causal (cause and effect) between the fact the defendant liable and the damage. In the latter sense we speak of legal causation for linking a given physical event that causes damage to the person to whom compensation is claimed.

Different theories on the causal link:
Doctrine supported by the existence of the scrisoare de garantie causal link as a separate element of liability, various theories have been structured to unravel, when there is plurality of causes that determine the damage, to which of them should be attributed cause creating role.

Theory proximately causes damage: Fundamentally is to say that the physical cause nearest immediate damage is likely to generate, so that then determine just who is the person to whom is attributed the proximate cause for you are the person responsible. Example, if a vehicle collides with a vehicle B and the force of impact causes damage to a vehicle C, according to this theory, would be the responsible vehicle B, which is the closest to the physical cause damage.

Theory of the triggering event: Consists point in causing the injury, the triggering of the other circumstances that caused it. A fact can be considered because of a later time if any missed that fact, subsequent events had not occurred. It will argue here that overextend the scrisoare de garantie concept of cause, extending it to infinity having to studied the cause of causes.
Theory of equivalence of conditions: Part of the criteria, any damage that results from a number of causes and circumstances of various kinds that form a chain of events that trigger the same. Within this chain of events determinants, it is necessary to choose only the misdeeds, which are those that are going to have real legal significance in nature, requiring the author to determine the damage caused.

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