Results 41 to 50 of about 232,561 (211)

Knowing Receipt, Equitable Proprietary Rights, and Duties of Due Administration

open access: yesThe Modern Law Review, EarlyView.
In Byers v Saudi National Bank (2023) the Supreme Court held that a claimant in knowing receipt must have had a ‘continuing equitable proprietary interest’ in the property received by the defendant. Such an interest is commonly understood to include a right to benefit from the property, yet successful claims in knowing receipt have often been made by ...
Lusina Ho, Charles Mitchell
wiley   +1 more source

FDA Preemption of State Tort Law in Drug Regulation: Finding the Sweet Spot [PDF]

open access: yes, 2008
The project of harmonizing tort law and regulatory law in the public interest-the sweet spot of my subtitle-is inherently fraught with difficulty. This, of course, is a very old problem for American law generally.
Schuck, Peter H.
core   +1 more source

Issues of Defining Administrative and Tort Relations as an Object of Legal Research

open access: yesBulletin of Kharkiv National University of Internal Affairs, 2020
The concept of administrative and tort relations, their social nature, features (properties, characteristics), specific features as a type of administrative and legal relations, structure (objects, subjects and content) and types of administrative and ...
O. V. Panasiuk
doaj   +1 more source

Introducing No-Fault Compensation in Slovenian Medical Tort Law

open access: yesStudia Iuridica Lublinensia, 2022
The National Strategy for Quality and Safety in Healthcare 2022–2031, drafted in November 2021 from the Slovenian Ministry of Health, sets out, i.a., the basic foundations of a no-fault compensation model for medical errors.
Maja Ovčak Kos
doaj   +1 more source

Food Waste as a Property Problem

open access: yesThe Modern Law Review, EarlyView.
Within a more general context of ‘overconsumption’, the United Nations estimates that annually 11.39 per cent of total global food production is wasted by households, and UN Sustainable Development Goal (SDG) 12.3 declares thoroughgoing ambitions to halve food waste by 2030. This article argues that existing efforts to address this global challenge are
Bróna McNeill, Robin Hickey
wiley   +1 more source

Defining “Accidents” in the Air: Why Tort Law Principles Are Essential to Interpret the Montreal Convention’s “Accident” Requirement [PDF]

open access: yes, 2016
This Note examines the history of, and the reasons for, the Montreal Convention, which in part forces airlines to indemnify passengers for injuries resulting from “accidents”—a term undefined in the treaty. The Montreal Convention and the subsequent case
West, Alexa
core   +1 more source

Infringement on the Property in English Law - A Comparative Study - with the Iraqi Civil Code [PDF]

open access: yesالرافدین للحقوق, 2013
Trespass to land is considered as a kind of civil tort in English law. It is worth-bearing in mind that these civil torts have been included within the law of torts, which is defined as an unwritten law, based on judicial precedents made by English ...
Qusay Salman Hilal   +1 more
doaj   +1 more source

Size‐based regulation and water quality: Evidence from the Iowa hog industry

open access: yesAmerican Journal of Agricultural Economics, EarlyView.
Abstract The growing prevalence of animal feeding operations (AFOs) in the United States raises concerns among the public and regulators about their impact on local environmental quality. By linking historical regulatory records of AFOs in Iowa to downstream surface water pollution monitors, this paper studies the effects of the 2003 Clean Water Act ...
Chen‐Ti Chen   +3 more
wiley   +1 more source

Rawls and Tort Law: Against the Consequentialism Thesis

open access: yesCivilistica.com, 2019
Rawlsian accounts of tort law have argued for one of two extreme positions. Sometimes it is affirmed, as does Arthur Ripstein, that tort law must remain indifferent to the distributive goals that animate most part of Rawls’s conception of justice (e.g ...
Leandro Martins Zanitelli
doaj  

Getting sensitized about malpractice lawsuits in practice of Pathology

open access: yesJournal of Pathology of Nepal, 2018
Medical malpractice is defined as any act or omission by a physician during treatment of a atient that deviates from accepted norms of practice in the medical community and causes an injury to the patient.
Runa Jha
doaj   +1 more source

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