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So natural law jurisprudence needs arguments not only for the deviance of law that fails to meet certain normative conditions but also for the defectiveness of such law. As a natural law position, a view that delivers only the deviance of such law is not only deviant, but defective.
- Article 1314; strict tort against inducers. Any third person who induces another to violate his contract shall be liable for damages to the other contracting party.
- Article 1711; strict tort against employers. Owners of enterprises and other employers are obliged to pay compensation for the death of or injuries to their laborers, workmen, mechanics or other employees, even though the event may have been purely accidental or entirely due to a fortuitous cause, if the death or personal injury arose out of and in the course of the employment.
- Article 1712; strict tort against fellow workers with solidary liability against employers. If the death or injury is due to the negligence of a fellow worker, the latter and the employer shall be solidarily liable for compensation.
- Article 1723; strict tort against engineers and architects. The engineer or architect who drew up the plans and specifications for a building is liable for damages if within fifteen (15) years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications, or due to the defects in the ground.
Jul 1, 2016 · An error of law means that the judge had all of the right information, but you think the law wasn’t applied correctly. Judges are human; a mistake could have been made.
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Mistake of law is a legal principle referring to one or more errors that were made by a person in understanding how the applicable law applied to their past activity that is under analysis by a court. In jurisdictions that use the term, it is differentiated from mistake of fact.
Apr 21, 2023 · The definition of error of law refers to any ruling, decision, or process that conflicts with the principles of the law. An error of the law implies the failure to...
- The difference between these two errors emanates from the mistake, defect, irregularity, or error of variance made during the legal process. An err...
- This refers to the erroneous determination of regal rules. It may result in failure to correctly apply the law, leading to a violation of the litig...
- An example is an error in calculating a defendant`s sentence by not considering certain case facts such as previous rulings. In this case, the judg...
An assessment of the evidence based on a wrong legal principle is an error of law; The trial judge’s failure to consider all of the evidence in relation to the ultimate issue of guilt or innocence is an error of law.
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Jan 12, 2023 · In a broad meaning, the term “defect of law” is more voluminous than the term “legal gap”, since a legal gap is one of the types of legal defects, one of the manifestations of imperfection of law.
