scholarly journals Insurer's liability under concurrent causation: English law and Chinese law compared

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Liang Zhao
Keyword(s):  
Subject Matter ◽  
Proximate Cause ◽  
Chinese Law ◽  
The Subject ◽  
Proximate Causes ◽  
English Law ◽  
Multiple Causes

Abstract This paper examines the different regimes of insurer liability under concurrent causation in English law and Chinese law. The analysis shows that neither English law nor Chinese law is satisfactory in terms of the insurer's liability in such cases. It is argued that only one proximate cause should be identified among multiple causes except in the circumstance where an excluded risk and an insured risk concurrently and independently cause a loss of the subject matter insured. Under this exception, the liability in apportionment approach might be an appropriate solution to the question of the insurer's liability under concurrent causation. This approach, however, is not suggested for concurrent causation where an uninsured risk is one of the proximate causes.

The impact of the Human Rights Act 1998

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Subject ◽  
English Law ◽  
The Impact

The enactment of the Human Rights Act 1998 (HRA 1998) has raised a number of novel issues for English law. But the impact of the Act on the subject matter of this book has been limited. That impact is best understood by clarifying that there are two main respects in which the Act is relevant to civil wrongs.

Part IV Vitiation, 12 Mistake

2021 ◽  
Author(s):  
Andrews Neil
Keyword(s):  
Subject Matter ◽  
Lever Bros ◽  
Essential Difference ◽  
Face To Face ◽  
Mistaken Identity ◽  
Mistaken Assumption ◽  
The Subject ◽  
English Law ◽  
A Minor ◽  
Court Of Appeal

Occasionally English law will treat an apparent contract as void because both parties have suffered a misapprehension concerning the nature of the subject-matter. A shared fundamental mistake renders the supposed agreement a nullity. But this is possible only in extreme circumstances. English law adopts a narrow approach to mistake. In the leading case, Bell v Lever Bros (1932), Lords Atkin and Thankerton, members of the three-judge majority, considered that the test for shared mistake is whether an error has occurred which involves an essential difference between reality and the parties’ shared mistaken assumption. Because of the narrow way in which this restrictive formulation has been applied, the doctrine of shared mistake occupies a minor place in practice. An attempt by Lord Denning in Solle v Butcher (1950) to create in Equity a parallel and more pliable doctrine of shared mistake was repudiated in 2002 by the Court of Appeal in ‘The Great Peace’. But a contract can be a nullity where there is no consensus because an offer has been made to an identified person whose identity has been adopted by an impostor (who communicates other than face-to-face with the offeror). But if the impostor and offeror meet face-to-face, a voidable contract is likely to be found. This branch of the doctrine of mistake is known as ‘error as to identity’ or ‘mistaken identity’.

scholarly journals The Rule of Causa Proxima as a Principle of Insurance

2014 ◽  
pp. 154-163
Author(s):  
Manjeet Kumar Sahu
Keyword(s):  
United States ◽  
United Kingdom ◽  
Subject Matter ◽  
The United States ◽  
Proximate Cause ◽  
Insurance Law ◽  
The United Kingdom ◽  
The Subject

The rule of Causa promixa (proximate cause) is derived from a latin phrase causa proxima non remota spectator (the immediate, and not the remote cause is to be considered). This article highlights the significance of the rule of causa proxima which is a key principle of insurance and is concerned with how the loss or damage actually occurred and whether it is indeed a result of an insured peril. It primarily discusses about the emphasis laid on the test of proximate cause in Insurance Law, in order to identify the causation of the loss or damage. It makes an effort to substantiate the subject matter by looking into the trends of interpretation of the rule, including in countries like the United Kingdom, the United States, India and Canada.

8. Mistake

2020 ◽  
pp. 265-314
Author(s):  
Jack Beatson ◽  
Andrew Burrows ◽  
John Cartwright
Keyword(s):  
Subject Matter ◽  
True Position ◽  
The Subject ◽  
English Law

Mistake is one of the most difficult topics in the English law of contract. The principles have never been precisely settled, the decided cases are open to a number of varying interpretations. The position is complicated by the fact that there have been distinct changes in the attitude of the judges to the question of mistake during the last 150 years. This chapter examines the circumstances in which a contract will be held to be defective if one or both of the parties enter into it under some misapprehension or misunderstanding but would not have done so had they known the true position. The discussions cover categorizing mistakes, mistakes about contract terms, mistakes about the identity of the person to whom the contract is addressed, and mistakes of fact or law about the subject matter of the contract or the surrounding circumstances.

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

The Taxonomic Structuring of Medical Information and its Usefulness in this Form

1965 ◽  
Vol 04 (03) ◽  
pp. 112-114 ◽  
Author(s):  
H. Zinsser
Keyword(s):  
Subject Matter ◽  
Medical Information ◽  
Central Core ◽  
Diagnostic Strategy ◽  
Programmed Instruction ◽  
Orderly Fashion ◽  
The Subject

An outline has been presented in historical fashion of the steps devised to organize the central core of medical information allowing the subject matter, the patient, to define the nature and the progression of the diseases from which he suffers, with and without therapy; and approaches have been made to organize this information in such fashion as to align the definitions in orderly fashion to teach both diagnostic strategy and the content of the diseases by programmed instruction.

العربية المقاربة المقاصديّة في ردّ ابن فودي على القادح في جلستهم الدعويّة

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Alawiye Abdulmumin Abdurrazzaq ◽  
Ahmad Wifaq Mokhtar ◽  
Abdul Manan Ismail
Keyword(s):  
Nineteenth Century ◽  
West Africa ◽  
Subject Matter ◽  
Analytical Methods ◽  
Men And Women ◽  
The Subject

This article is aimed to examine the extent of the application of Islamic legal objectives by Sheikh Abdullah bn Fudi in his rejoinder against one of their contemporary scholars who accused them of being over-liberal about the religion. He claimed that there has been a careless intermingling of men and women in the preaching and counselling gathering they used to hold, under the leadership of Sheikh Uthman bn Fudi (the Islamic reformer of the nineteenth century in Nigeria and West Africa). Thus, in this study, the researchers seek to answer the following interrogations: who was Abdullah bn Fudi? who was their critic? what was the subject matter of the criticism? How did the rebutter get equipped with some guidelines of higher objectives of Sharĩʻah in his rejoinder to the critic? To this end, this study had tackled the questions afore-stated by using inductive, descriptive and analytical methods to identify the personalities involved, define and analyze some concepts and matters considered as the hub of the study.

HUBUNGAN PROFESIONALISME PENDIDIK TK DENGAN KINERJA PENDIDIK DI TK RAYON IV KOTA DUMAI

2019 ◽  
Vol 3 (3) ◽  
pp. 660
Author(s):  
Ranirizal Ranirizal
Keyword(s):  
Learning Process ◽  
Subject Matter ◽  
Significant Relationship ◽  
Teacher Performance ◽  
Teacher Professionalism ◽  
Learning Material ◽  
The Subject ◽  
Performance Development ◽  
Kindergarten Educators ◽  
Academic Qualifications

Performance is the performance shown by educators, both in quality and quantity in carrying out their duties in accordance with the responsibilities given to them professionally. Educator performance development is a very decisive factor in the success of the education and learning process. In fact, in Kindergarten Rayon IV, Dumai City, there is still a low level of competency standards possessed by educators. The intended competency standard is from the standard academic qualifications and four competencies that must be possessed by a kindergarten educator, namely pedagogic, professional, social and personality competencies. This is evidenced by educators not yet mastering learning material with the maximum known when the learning process educators are not able to explain well the subject matter, and educators have not shown maximum performance in carrying out their duties and functions. The purpose of this study was to see whether there was an influence on teacher professionalism on teacher performance in Dumai IV Rayon Kindergarten. The results of the study prove that there is a significant relationship between the professionalism of Kindergarten educators and the performance of educators in Kindergarten Rayon IV, Dumai City. This is evidenced by the value of Sig (2-tailed) professionalism on educator's performance of 0,000, so the calculation shows 0,000 <0.05. This means that Ha is accepted, that is, there is a significant relationship between the professionalism of Kindergarten educators and the Performance of Educators in Kindergarten Rayon IV, Dumai City.

Justine Pila, The Subject Matter of Intellectual Property

2019 ◽  
Vol 23 (1) ◽  
pp. 142-144
Author(s):  
Patrick Masiyakurima
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
The Subject
Sign in / Sign up

Export Citation Format

Share Document