Results 41 to 50 of about 280,905 (269)

The tort/contract boundary: great divide or grand illusion [PDF]

open access: yes, 1997
This thesis considers the difference between contract and the tort of negligence. It compares the traditional view of the distinction with a more contemporary view, and concludes that the two areas of law are becoming interrelated.
Branson, David J.
core  

Comparative Study of Tortfeasor, s Civil Liability to Bystander in the U.S Legal system and Bringing it up in Iranian Legal System [PDF]

open access: yesپژوهشنامه حقوق تطبیقی
Imagine that A has witnessed an incident in which B injures or kills C. It is undoubtedly painful to witness, but does it also follow that one can recover damages for suffering emotional distress as the result of witnessing the accident?
Abbas Mirshekari   +2 more
doaj   +1 more source

Judicial and legislative practice and related suggestions on off-label drug use in China

open access: yesBMC Health Services Research, 2023
Background Off-label drug use exists widely in medical practice and is also an area which easily triggers controversy between patients and medical institutions. Previous studies have identified the reasons why off-label drug use long exists.
Wenjie Si, Panpan Ma
doaj   +1 more source

The Influence of Reasonableness in Determining Delictual or Tort Liability for Psychological or Psychiatric Harm in South African and English Law

open access: yesPotchefstroom Electronic Law Journal, 2023
Due to a lack of authority in Roman-Dutch law in respect of claims for psychological harm, our courts in South Africa relied on English law for guidance, in particular the tort of negligence where emphasis is placed on reasonable foreseeability of harm.
Raheel Ahmed
doaj   +1 more source

Private to Public: Deterrent Effects of Bans on Confidential Settlements

open access: yesSouthern Economic Journal, EarlyView.
ABSTRACT Nondisclosure agreements are common in the settlement of legal disputes but are controversial as they suppress information that could prevent harm to others. But until the 2017 #MeToo movement, there had been little legislative effort to prohibit the practice in any context, and consequently no evidence on whether public disclosure of harms ...
Blair Druhan Bullock, Joni Hersch
wiley   +1 more source

Dopad balíčku Omnibus na (soukromoprávní) odpovědnost společností za porušení náležité péče dle CSDDD

open access: yesActa Universitatis Carolinae Iuridica
This article explores the evolving legal framework governing corporate civil liability for breaches of due diligence obligations under the proposed EU Corporate Sustainability Due Diligence Directive (CSDDD), with a specific focus on the Czech legal ...
Klára Hurychová
doaj   +1 more source

X v The Lord Advocate: Challenges and Concerns for Vicarious Liability

open access: yesThe Modern Law Review, EarlyView.
In X v The Lord Advocate, the Supreme Court of the United Kingdom held that the Crown cannot be vicariously liable for torts committed by judges. This case note critically examines what could be viewed as two significant doctrinal shifts that were introduced by this ruling.
Haim Abraham
wiley   +1 more source

PUNITIVE AND FAIR FORMS OF COMPENSATION FOR HARM TO HEALTH IN THE SOURCES OF LAW AND THE CIVIL LAW DOCTRINE OF THE RUSSIAN EMPIRE IN THE LATE 19TH - EARLY 20TH CENTURY

open access: yesПравовое государство: теория и практика, 2022
Despite the fact that one of the most important tasks for the development of the institution of compensation for losses is recognized as a strict regulation of the conceptual base, in modern civil law, the issues of choosing forms and methods of ...
KOLESNICHENKO Olga Viktorovna
doaj   +1 more source

Tort Liabilities

open access: yes, 2015
Consideration of obligations arising out of damage caused to identities or the property of individuals, theme analysis.
openaire   +1 more source

Rylands v Fletcher Redux: Rubis Bahamas Ltd v Russell

open access: yesThe 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

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