Results 41 to 50 of about 144,517 (228)
Public Inquiries and UK Press Regulation: A Case of ‘Fading into Forgetfulness’?
Abstract Why were the proposals for reform of UK press regulation made by Lord Leveson in 2012 not implemented in full, despite popular and parliamentary support for the report's recommendations, and despite the creation of the legal framework for the reformed system of regulation?
John Street +2 more
wiley +1 more source
A Reexamination of the Distinction Between Loss-Allocating and Conduct-Regulating Rules [PDF]
In this paper, I disagree with the premise that all tort rules can be meaningfully classified as either compensatory or deterrent. I argue that most tort rules are both and that the compensation and deterrence goals ascribed to the tort system cannot be
Perdue, Wendy Collins
core +3 more sources
The Impact of a Pre‐Existing Defect on Liability for Property Damage: Taylor v Jones
Taylor v Jones involved liability for causing damage to a building that had a pre‐existing defect. The defendant was in principle liable for the cost of repairing the damage. However, the Court of Appeal denied liability for the cost of repairing the pre‐existing defect even though such repair was necessary to restore the building to the state it would
Sirko Harder
wiley +1 more source
Knowing Receipt, Equitable Proprietary Rights, and Duties of Due Administration
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
Strategic Judgment Proofing [PDF]
A liquidity-constrained entrepreneur raises capital to finance a business activity that may harm bystanders. The entrepreneur raises senior (secured) debt to shield assets from the tort victims in bankruptcy.
Che, Yeon-Koo, Spier, Kathryn E.
core +1 more source
Summary Defensive medicine refers to diagnostic or therapeutic actions taken primarily to reduce legal liability rather than to benefit the patient. In dermatopathology, defensive practices manifest in frequent immunohistochemical testing, overly cautious report phrasing, and reliance on multidisciplinary tumor boards.
Cornelia Sigrid Lissi Müller +2 more
wiley +1 more source
Research in Public Tort Liability [PDF]
In the last years, the increase of the fuel price and the need to reduce the greenhouse gas emissions have triggered the research on lowering the fuel consumption within the transport sector.
French, Patterson H.
core +2 more sources
The Easy Case for Products Liability: A Response to Polinsky & Shavell [PDF]
In their article “The Uneasy Case for Product Liability,” Professors Polinsky and Shavell assert the extraordinary claim that there should be no tort liability - none at all - for injuries caused by widely-sold products. In particular, they claim to have
Goldberg, John C.P. +1 more
core +1 more source
Informed Consent as a Human Right in the Inter‐American Human Rights System (IAHRS)
ABSTRACT Informed consent is presented as a fundamental right and principle in modern medical practice. It involves obtaining permission from a patient before any medical procedure, treatment, or research protocol. Although not explicitly recognized as a standalone right in international human rights instruments, informed consent in healthcare is ...
Diana Rocío Bernal‐Camargo +1 more
wiley +1 more source
Consideration of obligations arising out of damage caused to identities or the property of individuals, theme analysis.
openaire +1 more source

