Tort

• Article 10

  • a State where the act or omission that caused injury occurred, or
  • where the injury arose, unless the defendant establishes that the person claimed to be responsible could not reasonably have foreseen that the act of omission could result in an injury of the same nature in that State.

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Notes:

The next topic is tort.

In the current draft, a plaintiff may bring an action in tort in the courts of a State where the act or omission that caused injury occurred, or where the injury arose, unless the defendant establishes that the person claimed to be responsible could not reasonably have foreseen that the act or omission could result in an injury of the same nature in that State.

In the context of E-commerce, I think the point of this article is foreseeability for the person claimed to be responsible. In other words, under what circumstances and conditions, he can claim that the injury was unforeseeable.

I believe one of the facts that has to be taken into account is whether he presented a disclaimer or not, and if so, by what means.

Again, as I mentioned before in contracts, the disclaimers that meet certain requirements should make a company free from getting sued in a country where it had never intended to do business.