Results 51 to 60 of about 20,481 (234)

Fronting in Old Catalan: Asymmetries between Narration and Reported Speech1

Transactions of the Philological Society, Volume 123, Issue 1, Page 1-28, March 2025.
Abstract This article explores the distribution, syntax, and information structure of XVS clauses in the narrative text and the reported speech of a thirteenth‐century Old Catalan chronicle, the Llibre dels Fets. It is shown that XVS occurs mainly within reported speech and in embedded clauses.
Afra Pujol i Campeny
wiley   +1 more source

Torts, Contracts, Property, Status, Characterization, and the Conflict of Laws

, 1959
This is a formidable title, involving areas where angels fear to tread. Nevertheless, some of us are foolish enough to rush in. A few years ago Dean Prosser, for example, somehow got himself tangled up in a conflict of laws problem involving torts.
Harper, Fowler
core   +1 more source

Tort in a Contractual Matrix

Osgoode Hall Law Journal, 1995
This article addresses one aspect of the interface between tort and contract: the way tort law is affected, whether by extending or contracting its reach, by the parties coming together against a contractual structure. Two basic situations are considered.
John G. Fleming
doaj   +1 more source

Iniuria and physical injuries in the law of XII tables [PDF]

Zbornik Radova: Pravni Fakultet u Novom Sadu, 2011
It is being proved in this paper the reason why iniuria is losing its original range of linguistic and legal-technical character. Membrum ruptum and os fractum are a sort of signs, but not notions.
Vujović Ognjen
doaj   +1 more source

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

The 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

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

Strategically Pleading Intentional Torts in medical cases [PDF]

, 2015
The opportunities and challenges faced by litigants who strategically plead intentional torts are borne out by two recent medical cases. Both arose out of dental treatment.
Cockburn, Tina, Madden, Bill
core  

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

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