Torts Liability for Strike Action and Third Party Rights

1979 ◽  
Vol 14 (1) ◽  
pp. 31-73 ◽  
Author(s):  
Frances Raday

Israel's Civil Wrongs Ordinance, and the statutory immunity provided in it from liability in torts for strike action, was enacted at a time when the strike was regardedsimpliciteras a “sacred tradition” and when no distinction had yet been drawn by statute or the courts between legitimate and illegitimate strikes. Since that time there has been an evolution of restrictions on the liberty to strike both in statutory provisions and in judicial doctrine.In the public services, by statutory provision, all strikes which are not authorised by the statutorily designated trade union and nearly all strikes during the duration of a collective agreement are now considered to be “unprotected strikes”. Unprotected strikes are divested of the statutory immunities generally bestowed upon strikers or strike organisers for breach of their employment contract or for causing breach of contract; however, under the statutory provisions only the primary employer may sue. By judicial doctrine, formulated in the National Labour Court, strikes which are held for the purpose of enforcing legal rights rather than for the fixing of economic rights are not a legitimate exercise of the liberty to strike.

ijd-demos ◽  
2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Rahmad Hidayat ◽  
Akhyar Akhyar ◽  
Muhammad Sauki

AbstractThis paper aims to discuss the dynamic intersection between the spatial barriers and the tendency of the utilization of "mediated citizenship" by villagers in accessing public services. It is important to map out how villagers interact with authoritative service providers at the local government level, which is not done directly, but through the mediation of a third party, namely a local NGO that is implementing a program in their village. Based on the context of Oi Bura Village, the tendency of the utilization of mediator services of  "LAKPESDAM PCNU Kabupaten Bima" in accessing public services (especially the residential identities) began to take shape because it was triggered by the poor people's consideration about the spatial stretch of their village area with the site of the service provider that would have an impact on financial expenses and bureaucratic severity factors that must be passed when accessing these basic services. Although the residential identities should be obtained automatically based on formal status as an Indonesian citizen, in practice the access of the poor villagers to basic services is achieved through a third party mediation role. The limitations of the service providers' responsiveness, accountability and institutional capacity to act proactively in solving the public problems are increasingly opening up the chance for "permanence" of facilitation of the state-citizen interaction by third parties.Keywords: access, citizenship, mediator, service, space  AbstrakMakalah ini bertujuan untuk membahas persimpangan dinamis antara hambatan spasial dan kecenderungan pemanfaatan "mediated citizenhip" oleh warga desa dalam mengakses layanan publik. Penting untuk memetakan bagaimana masyarakat desa berinteraksi dengan pemberi layanan otoritatif di tingkat pemerintah daerah, yang tidak dilakukan secara langsung, melainkan melalui mediasi pihak ketiga, yaitu LSM lokal yang melaksanakan program di desanya. Berdasarkan konteks Desa Oi Bura, kecenderungan pemanfaatan jasa mediator “LAKPESDAM PCNU Kabupaten Bima” dalam mengakses pelayanan publik (khususnya identitas permukiman) mulai terbentuk karena dipicu oleh pertimbangan masyarakat miskin terhadap tata ruang. hamparan wilayah desanya dengan lokasi penyedia layanan yang tentunya berdampak pada pengeluaran keuangan dan faktor keparahan birokrasi yang harus dilalui saat mengakses layanan dasar tersebut. Meskipun identitas kependudukan seharusnya diperoleh secara otomatis berdasarkan status formal sebagai warga negara Indonesia, pada praktiknya akses masyarakat miskin terhadap layanan dasar dicapai melalui peran mediasi pihak ketiga. Keterbatasan daya tanggap, akuntabilitas, dan kapasitas kelembagaan penyedia layanan untuk bertindak proaktif dalam menyelesaikan masalah publik semakin membuka peluang untuk "kelanggengan" fasilitasi interaksi negara-warga oleh pihak ketiga.Kata kunci: akses, citizenship, mediator, layanan, ruang.


no such encouragement, and may lead to a wasteful use of resources by the claimant. Linked to this is the economic notion of an efficient breach of contract which is based on the assumption that if a third party values a commodity more highly than the claimant, the defendant may be justified in selling to the third party instead of to the claimant, thereby producing an efficient breach. To enforce literally the contract between the claimant and the defendant would produce a contract at an undervalue, which would not be economically sensible. In this case, the higher value received from the third party could be used to fund an award of damages paid to the claimant and all parties concerned will be better off in the end. A further argument is that in the absence of transaction costs, it does not matter what legal rights and remedies are available, because the parties, as rational maximisers of value, will negotiate around them to produce the most efficient result. On this analysis, if a third party values goods more highly than the claimant, the defendant will negotiate with the claimant to be released from his or her obligation to comply with an order for specific performance by offering to pay to the claimant some of the extra profit to be made from selling to the third party. Of course, this approach does not take account of transaction costs such as the time and expenditure involved in these negotiations. Finally, it is probably understandable that the courts have been reluctant to extend the scope of specific performance too far, given that disobedience of such an order amounts to a contempt of court, which is potentially punishable by imprisonment. There is an element of wishing to avoid the use of a ‘sledgehammer to crack a nut’. By way of contrast, German law starts with the principle that the ‘creditor’ is entitled to a judgment compelling performance (BGB, para 241) – an approach no doubt conditioned by the fact that ‘execution’ is usually against property rather than against the person. On the other hand, there are arguments in favour of compulsory performance. For example, it may support the morality of promise-keeping. Moreover, by compelling performance, it is possible to protect subjective expectations such as the consumer surplus value placed upon a commodity or a service over and above its market value. Also, where appropriate, specific performance can be used to prevent a person from making profits which might fall foul of the second principle of remoteness in Hadley v Baxendale.

1995 ◽  
pp. 580-582

Author(s):  
TT Arvind

Contract Law provides a uniquely practical approach to the topic. The text is divided into four parts. Part I covers forming contracts. It looks at bargaining and agreeing, the requirement of mutuality, legal relations, and non-contractual promises. Part II considers issues related to keeping contracts. It examines the assembling of the contract, interpreting the terms of a contract, flexible terms, and changes in contracts. The next part is about regulating contracts. It looks at untrue statements, the limits of hard bargaining, controlling contractual terms, and protecting the public interest. The final part is about enforcing contracts. The text here examines issues relating to breach of contract, compensatory remedies, non-compensatory remedies, and third-party matters.


Author(s):  
TT Arvind

Contract Law provides a uniquely practical approach to the topic. The text is divided into four parts. Part I covers forming contracts. It looks at bargaining and agreeing, and the requirements of mutuality, legal relations, and non-contractual promises. Part II considers issues related to keeping contracts. It examines the assembling of the contract, interpreting the terms of a contract, flexible terms, and changes in contracts. The next part is about regulating contracts. It looks at untrue statements, the limits of hard bargaining, controlling contractual terms, and protecting the public interest. The final part is about enforcing contracts. The text here examines issues relating to breach of contract, compensatory remedies, non-compensatory remedies, and third party matters.


2001 ◽  
Author(s):  
Jorge Calmon Moniz de Bittencourt Filho ◽  
Elizabeth R. Loiola

BMJ ◽  
1925 ◽  
Vol 2 (3375) ◽  
pp. 447-454
Keyword(s):  

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