Results 51 to 60 of about 5,654,607 (215)
Can One Claim Compensation for Nervous Shock?
İstanbul Hukuk Mecmuası, 2022 Injury from nervous shock refer to the damage resulting from a person’s mental breakdown or psychological disorder rather than the victim being directly injured in an accident.
Aslı Açıkgöz
doaj +1 more source
Rylands v Fletcher Redux: Rubis Bahamas Ltd v Russell
The Modern Law Review, EarlyView.The decision of the Judicial Committee of the Privy Council in Rubis Bahamas Ltd v Russell is the most significant development in the law of Rylands v Fletcher for decades. Rejecting the view that the rule is merely a sub‐species of private nuisance, the Committee reconstructed it as an independent rule of strict liability governing harm caused by ...
Marco Cappelletti
wiley +1 more source
Duties in tort law and its theory [PDF]
, 2021 This thesis has three aims. The primary aim is to consider the widespread claim that torts are wrongs or (equivalently) breaches of duty. This claim is often presented as essential to understanding tort law’s true nature and, relatedly, to the ...
Boonzaier, Leo
core +1 more source
Utrecht Law Review, 2019 Can tort law play a significant role in the Dutch and Belgian legal systems in the legal fight against damage caused by smoking behaviour? This contribution looks into the compensatory function of tort law.
Ilse Samoy +2 more
doaj +1 more source
The Doctrine of State Necessity
The Modern Law Review, EarlyView.This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley +1 more source
Why Bulk Discount for Multiple Offenders? A Lexical Local Justification
The Modern Law Review, EarlyView.This paper offers an original non‐consequentialist justification for the ‘bulk discount’ given to offenders who are sentenced for multiple counts in a single proceeding, a discount that is available in most jurisdictions. Existing justifications for this practice face serious objections. I propose a new account, ‘Lexical Local Justification’.
Peter Chau
wiley +1 more source
Tort Law and Human Rights - Second Edition
, 2017 This is a completely revised and expanded second edition, building on the first edition with two principal aims: first, to elucidate the role that domestic tort principles (including the new "remedy" under the Human Rights Act 1998) play in securing to ...
Wright, J
core +6 more sources
Post‐Breach Events, Itemisation and the Avoided Loss Rule
The Modern Law Review, EarlyView.In English law, the following equation is used to compute damages awards: (a) loss sustained in consequence of the breach of duty (‘prima facie loss’) minus (b) benefits obtained as a result of the breach of duty = (c) net loss. This paper explores the manner in which prima facie loss is defined.
Melody Hadfield
wiley +1 more source
Incidence, Risk, and Disclosure of Corporate Litigation: Insights from Federal Court Filings
Journal of Accounting Research, EarlyView.ABSTRACT We assemble and describe a sample of 174,782 lawsuits filed against 218,437 public‐company lawsuit‐defendants in federal district court from 2006 to 2021. These lawsuits involve an array of allegations, including product liability, civil rights discrimination, contract breaches, improper compensation and labor practices, antitrust violations ...
MARY BROOKE BILLINGS +3 more
wiley +1 more source
Getting sensitized about malpractice lawsuits in practice of Pathology
Journal 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