quasiobjetivizar

English translation: applying somewhat/almost objective standards to

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:quasiobjetivizar
English translation:applying somewhat/almost objective standards to
Entered by: Andrew Sharp

15:07 May 16, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: quasiobjetivizar
y si bien es cierto que la jurisprudencia ha evolucionado en el sentido de **cuasiobjetivizar** la responsibilidad extracontractual, no lo es menos que tal cambio se ha hecho moderadamente, etc

Any ideas please
Andrew Sharp
United Kingdom
Local time: 01:36
applying somewhat/almost objective standards to
Explanation:
I think, in the context of "non-contractual liability" (similar to "tort liability" in common law jurisdictions), this may be what is implied here, i.e. that case law has leaned towards the application of objective standards in assessing non-contractual liability.

b.Subjective v. Objective Standard i. Vaughan v. Menlove (p.147): Defendant built a haystack near his property line adjacent to the plaintiff's. The haystack (rick) caught fire one day and spread to the plaintiff's barns and stables, and then to the plaintiff's cottages, which were entirely destroyed. Plaintiff sued accusing defendant of building a dangerous rick in that area.
1. If the standard was that the defendant only needed to act "bona fide to the best of his own judgment", that would leave so vague a line as to afford no rule at all, the degree of judgment belonging to each individual being infinitely various. We ought to adhere to a standard which requires in all cases a regard to caution such as a man of ordinary prudence would observe. ii. Objective Standard=Reasonable Person Standard

https://www.oxbridgenotes.com/revision_notes/law-university-...

Perhaps also "lending a degree of objectivity to"?
Selected response from:

Robert Carter
Mexico
Local time: 19:36
Grading comment
And thanks for the extra info
4 KudoZ points were awarded for this answer



Summary of answers provided
3applying somewhat/almost objective standards to
Robert Carter


Discussion entries: 1





  

Answers


1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
cuasiobjetivizar
applying somewhat/almost objective standards to


Explanation:
I think, in the context of "non-contractual liability" (similar to "tort liability" in common law jurisdictions), this may be what is implied here, i.e. that case law has leaned towards the application of objective standards in assessing non-contractual liability.

b.Subjective v. Objective Standard i. Vaughan v. Menlove (p.147): Defendant built a haystack near his property line adjacent to the plaintiff's. The haystack (rick) caught fire one day and spread to the plaintiff's barns and stables, and then to the plaintiff's cottages, which were entirely destroyed. Plaintiff sued accusing defendant of building a dangerous rick in that area.
1. If the standard was that the defendant only needed to act "bona fide to the best of his own judgment", that would leave so vague a line as to afford no rule at all, the degree of judgment belonging to each individual being infinitely various. We ought to adhere to a standard which requires in all cases a regard to caution such as a man of ordinary prudence would observe. ii. Objective Standard=Reasonable Person Standard

https://www.oxbridgenotes.com/revision_notes/law-university-...

Perhaps also "lending a degree of objectivity to"?

Robert Carter
Mexico
Local time: 19:36
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 932
Grading comment
And thanks for the extra info
Notes to answerer
Asker: This is very helpful thank you very much

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