Por una reparación integral del daño extracontractual limitada a los hechos dolosos o gravemente negligentes

Abstract

This article argues that full compensation for direct damages in tort liability (both foreseen/foreseeable and unforeseen/unforeseeable) ought to be confined to intentional or grossly negligent acts, similarly to contractual liability. Conversely, liability arising from acts done with ordinary or slightest fault should solely encompass direct foreseen or foreseeable damages, analogously to careless breaches of contract. Thus, although any lack of due care can trigger tort liability, only those who commit intentional or extremely careless acts should pay for all the damages directly derived from such conduct, however extraordinary or unforeseeable said consequences might be.