Post by account_disabled on Jan 10, 2024 5:40:38 GMT -5
to prosper. It is clear that, as the defendant company is a public service concessionaire, it responds objectively, in accordance with art. 37, para. In this north, this Fractional Organ has already expressed itself: “c electricity supply service is liable for the defect in the provision. This entails objective liability, based on the Administrative Risk Theory. Exegesis of art. 37, § 6 of the CF Emergent damage and causal link duly demonstrated. Compensation due. Loss of profit and moral damage. Undemonstrated. APPEAL AND ADHESIVE APPEAL DISMISSED”. (Civil Appeal No. 70010312296, Tenth Civil Chamber, Court of Justice of RS, Rapporteur: Luiz Ary Vessini de Lima, Judged on 03/10/2005) In the body of the v.
ote-leader of this aspect, the causes of exclusion of the causal link and the applicability, to the concrete, of the protective norms of the Consumer Protection Code were, properly, analyzed by the distinguished Des. Luiz Ary Vessini de Lima, therefore deserving of transcription: “Such responsib Phone Number List ility only exists when there is a cause and effect relationship. This relationship, therefore, is excluded when the damage is caused exclusively by the victim, unforeseeable circumstances or force majeure, and when the fact is attributed to a third party. Such factors, if verified, exclude the causal link . In the present c.
ase, there is no occurrence of any cause explained above, therefore, the decision a quo was correct, which concluded that the subjective link existed. In this sense, with the three elements of civil liability present, that is, the damage, the unlawful conduct and the nexus, the duty to compensate is clear. Furthermore, if the attribution of the defendant's responsibility for the administrative risk were not enough, it is worth highlighting that the supply of electrical energy is an essential service (CDC, 3rd, § 2nd) and that, therefore, it must be continuous (CDC, 22, caput). Therefore, when the defendant's failur.
ote-leader of this aspect, the causes of exclusion of the causal link and the applicability, to the concrete, of the protective norms of the Consumer Protection Code were, properly, analyzed by the distinguished Des. Luiz Ary Vessini de Lima, therefore deserving of transcription: “Such responsib Phone Number List ility only exists when there is a cause and effect relationship. This relationship, therefore, is excluded when the damage is caused exclusively by the victim, unforeseeable circumstances or force majeure, and when the fact is attributed to a third party. Such factors, if verified, exclude the causal link . In the present c.
ase, there is no occurrence of any cause explained above, therefore, the decision a quo was correct, which concluded that the subjective link existed. In this sense, with the three elements of civil liability present, that is, the damage, the unlawful conduct and the nexus, the duty to compensate is clear. Furthermore, if the attribution of the defendant's responsibility for the administrative risk were not enough, it is worth highlighting that the supply of electrical energy is an essential service (CDC, 3rd, § 2nd) and that, therefore, it must be continuous (CDC, 22, caput). Therefore, when the defendant's failur.