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9 - A Comparative Reflection on Chilean Economic Torts

Published online by Cambridge University Press:  27 April 2023

Sophie Turenne
Affiliation:
University of Cambridge
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Summary

This chapter reflects on Chilean extracontractual liability between commercial competitors for pure economic loss from an English viewpoint. It shows that while the principles and rules contained in the Chilean Civil Code (1855) were not developed by litigation in this area, there were hundreds of cases and court decisions in the years following the enactment of the Unfair Competition Act 2007. Although the case law under the Unfair Competition Act 2007 lacks the degree of originality and depth peculiar to the common law, the specific construction of the 2007 Unfair Competition Act by the Chilean courts is illuminated by a comparison with the English approach to this topic.

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Chapter
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Reasons and Context in Comparative Law
Essays in Honour of John Bell
, pp. 197 - 222
Publisher: Cambridge University Press
Print publication year: 2023

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