Results 91 to 100 of about 11,345 (233)

Tort Litigation against Transnational Corporations in the English Courts: The Challenge of Jurisdiction

open access: yesUtrecht Law Review, 2018
In recent decades, some jurisdictions have shown a growing trend of private claims alleging direct liability of parent companies for overseas human rights abuses (‘Tort Liability Claims’).
Ekaterina Aristova
doaj   +1 more source

KAJIAN YURIDIS TANGGUNG JAWAB PERDATA RUMAH SAKIT AKIBAT KELALAIAN DALAM PELAYANAN KESEHATAN

open access: yesJurnal Idea Hukum, 2016
The hospital as one of the health facilities, in Act No. 44 of 2009 About a hospital divided by type of service and its management. The hospital implement all the activities of the health service, which involves a wide range of professions health workers
Dani Amalia Arifin
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Legătura de cauzalitate în răspunderea delictuală pentru faptă proprie în dreptul comparat – dificultăţi de traducere și interpretare/ Causation in Comparative „Tort of Negligence” – Translation and Interpretation Difficulties

open access: yesAnalele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice
he notion of „tort law” has become the generic term for several characteristics related to tortious liability in Europe, without being strictly defined. Correlating this notion with the term „delict” or non-contractual liability, we notice that we cannot
Ana-Maria CARABINERU
doaj   +1 more source

Fault in tort law: Moral justification and mathematical explication

open access: yesПроблеми Законності, 2018
The article has two main objectives: (1) to reveal why the fault principle is considered to be morally superior to no-fault liability in primitive law; and (2) to find out the essence of fault in modern tort law and then to express the concept of fault ...
Богдан Петрович Карнаух
doaj   +1 more source

Limiting Limited Liability [PDF]

open access: yes
Limited liability may result in inefficient accident prevention, because a relevant portion of the expected harm is externalized on victims. This paper shows that under some restrictive conditions further limiting liability by means of a liability cap ...
Giuseppe Dari-Mattiacci
core  

The Equivalence of Strict Liability and Negligence Rule: A « Trompe l'œil » Perspective [PDF]

open access: yes
This paper analyzes the difficulties of comparing the respective effectiveness of two among the most important liability regimes in tort law: rule of negligence and strict liability.
Gérard Mondello
core  

TORT LIABILITY OF HOSPITALS

open access: yesAnnals of Internal Medicine, 1943
Excerpt Many are the situations in which the activities of a hospital may cause damage to someone, who thereupon brings an action for tort against the hospital.
openaire   +2 more sources

Tort Reform and Accidental Deaths

open access: yes
Theory suggests that tort reform could have either of two impacts on accidents. First, reforms could increase accidents as tortfeasors internalize less of the costs of externalities, and thus, have less incentive to reduce the risk of accidents.
Shepherd, Joanna M., Rubin, Paul H.
core  

The evolution from strict liability to negligence: Implications for the tort of private nuisance - Part 2

open access: yes, 2020
Part 1 of this article considered the broad shift in the law of tort away from a strict liability, “act at peril” approach in favour of a fault-based system of liability, best shown in the explosive growth of the tort of negligence (see: "The evolution ...
Gray, Anthony
core  

Adequate and Proximate Cause vs Scope of Liability: A Comparative Analysis Between the U.S. Third Restatement of Torts and Colombian Supreme Court Decisions from 2016 to 2018

open access: yesDos Mil Tres Mil
This paper contrasts Colombian Supreme Court decisions from 2016 to 2018 with curren U.S. trends on proximate cause or scope of liability included in the Third Restatement of Torts.
Daniel Vásquez Vega
doaj   +1 more source

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