Results 11 to 20 of about 232,561 (211)
The Determination of Applicable Law to Torts based on “the Law which is more closely connected”
Legislations stipulate that the law applicable to torts is lex loci delicti commissi, i.e., the law of the place where the tort is committed. In the case that the law of the event leading to damage differs from the law of damage, then lex loci damni, or,
Sibel Özel
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The Condition of Fault in Private Enforcement of Competition Law – a Comparative Analysis of U.S. v. Polish and European Approach [PDF]
The purpose of the Polish Act on Claims for Damages for Remedying the Damage Caused by Infringements of Competition Law, based on and implementing EU law – the Damages Directive, was to enable undertakings to effectively use private enforcement of their ...
Marta Mackiewicz
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Detournement de pouvoir was regulated in administrative and criminal law. However, the assessment of it was often confused. Therefore, the Constitutional Court through Decision 25/PUU-XIV/2016 provides a line of demarcation in assessing the element of ...
Muhammad Reza Baihaki
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The Strict Liability in Fault and the Fault in Strict Liability [PDF]
Tort scholars have long been obsessed with the dichotomy between strict liability and liability based on fault or wrongdoing. We argue that this is a false dichotomy.
Goldberg, John C.P. +1 more
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Although it is not one of its main features, the Principles of European Tort Law (PETL) have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden.
Ivo Giesen
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One of the challenges in secondary schools today is infringements on students’ rights, in a tortious way that may also constitute breach of the Child’s Right Act of 2003 in Nigeria.
Timothy Olugbenga Ajadi +1 more
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A Study of the Efficiency of Compensation Methods from the Perspective of Economic Analysis of Law [PDF]
∴ Introduction ∴ The pursuit of justice is a fundamental endeavor in the realms of law and ethics, serving as a cornerstone for the creation and enforcement of legal framework that govern human societies.
Reza Daryaie +2 more
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Comparing the efficiency of theories of fault and risk with a focus on welfare economics [PDF]
The complexity of social relations has increased the examples of tort law and made this area of law more important. In addition, it has been concluded in legal systems that creating a society free from hypothetical losses is ideal and unrealizable ...
mina bolurifar, Bizhan Haji Azizi
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Tracing the Permission to Act in Necessity in the Germanic Tradition
Germanic law accepts that some acts of necessity are permitted ('justified acts of necessity', or, in German, 'gerechtfertigte Notstandshandlungen'). The present article shows the intellectual history of this rule and what may be learned from it.
David Messner-Kreuzbauer
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American and French law, like South African law recognises claims for emotional or mental harm. Emotional, mental, or psychological harm was only recognised by the courts in the 1800's and even though the mind and body in a sense is considered as a unit,
Raheel Ahmed
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