Causality and imputation in strict liability: a reflection on robbery at parking lots

Authors

  • Adalberto Pasqualotto

Keywords:

Strict liability, Robbery and armed robbery at fashion malls parking lots, Liability attribution, Consideration , Consumer’s Defense Code

Abstract

This is a critical essay about Brazilian High
Court precedents on armed robbery at fashion malls parking lots. It is discussed the imputation concept and it can be concluded that the consideration is a legal and determining factor of Brazilian strict liability of those companies. However, it is pending a definition on the limit of imputation of liability especially when compared the precedents of robberies at parking lots and the decision of same Court regarding death of people watching a movie in a mall who were shot because in this case a third party was recognized as responsible

Author Biography

Adalberto Pasqualotto

Doutor em Direito pela UFRGS. Professor titular de Direito do Consumidor e Direito das Obrigações nos cursos de graduação, mestrado e doutorado da Faculdade de Direito da PUCRS. Ex-presidente do Instituto Brasileiro de Política e Direito do Consumidor. Procurador de Justiça aposentado (MP-RS).

Published

2016-06-30

Issue

Section

Doutrina Nacional