Out-patients haemophilia treatment in hospital

2009 ◽  
Vol 29 (S 01) ◽  
pp. S22-S26
Author(s):  
G. Glaeske ◽  
W. Schramm ◽  
D. Herzig
Keyword(s):  
Care Service ◽  
Legal Basis ◽  
Advantages And Disadvantages ◽  
Medical Facilities ◽  
The Future ◽  
The Common ◽  
The Law ◽  
The Moment ◽  
Broad Consensus

SummaryAlthough hospitals primarily provide treatment for in-patients, treatment is also given to a large number of out-patients. The law covering haemophilia patients, who receive their treatment as out-patients, actually has several different bases. This has advantages and disadvantages. The question concerning us: Which, at the moment, is the best legal basis for any care-agreement? Another important factor for any agreement between the two parties, is that there should be a broad consensus, based on shared interests.The common aim should be the future guarantee for the treatment of patients suffering from haemophilia in suitable medical facilities. At the same time care must be taken to provide an efficient and economically viable care-service for these patients, as well as ensuring that the quality and efficiency of the service remain transparent.

scholarly journals Registered and bearer shares in England, other countries of Europe and the U.S.A.

1978 ◽  
Author(s):  
Φανή Δασκαλοπούλου
Keyword(s):  
Comparative Study ◽  
Insider Trading ◽  
Historical Development ◽  
Practical Reasons ◽  
Advantages And Disadvantages ◽  
The Future ◽  
The Subject ◽  
The Common ◽  
The Law

Registered and "bearer shares in different countries and the comparison of the different regimes which govern them is the subject of this thesis· The study of this subject aims at finding out the ways in which these forms of shares are used in each particularcountry, as well as pointing out the differences and similarities, both theoretical and practical, between the different legal systemsin this respect. An attempt is also made to find out whether the distinction between registered and bearer shares is clear-cuteverywhere and in all cases and, if not, how and why these two forms have come closer to each other or have sometimes even"merged" with each other. In the Introduction of the thesis the historical development of registered and bearer shares is followed and the common "intrinsic" characteristics of shares in different countries are sought. Specific fundamental questions are then examined in separate chapters. These questions are: a) sources of law and nature of shares in the countries examined b) forms of shares (registered, bearer or "certificates") in use in these countries c) methods of their transfer d) restrictions which may be imposed on theirtransferability and e) "insider trading" as a topic connected with registered and bearer shares and their transfer. Each chapter is complemented by a comparison of the ways in which the law in different countries deals with the same question. Finally in the Epilogue conclusions from the preceding comparative study are drawn and an appraisal of the practical advantages and disadvantages of registered end bearer shares is made, pointing to the fact that the distinction between these two forms of shares has lost, in practice, much of its sharpness today. Still, it maintains some meaning in specified cases and may, for practical reasons again, dc even more so in the future.

Child Protection through the Criminal Law

2020 ◽  
pp. 85-114
Author(s):  
Kenneth McK. Norrie
Keyword(s):  
Corporal Punishment ◽  
Criminal Law ◽  
Child Protection ◽  
Adult Population ◽  
Common Law ◽  
Legal Basis ◽  
Sexual Offences ◽  
The Common ◽  
The Law ◽  
A Charge

The earliest criminal law dealing with children differently from the adult population was that concerned with sexual offences. This chapter explores the changing policies of the law, from the late 19th century fear of girls being exposed to immorality and boys being exposed to homosexuality, through the more protective 20th century legislation which nevertheless hung on to old ideas of immorality and criminality, until the Sexual Offences (Scotland) Act 2009 focused almost (but not quite) exclusively on protection from harm and from exploitation. The chapter then turns to the crime of child cruelty or neglect from its earliest manifestation in the common law to its statutory formulation in Prevention of Cruelty to, and Protection of, Children Act 1889, which, re-enacted in 1937, took on a form that, for all intents and purposes, remains to this day. The last part of the chapter explores the legal basis for the power of corporal punishment – the defence previously available to parents, teachers and some others to a charge of assault of a child, known as “reasonable” chastisement. Its gradual abolition from the 1980s to 2019 is described.

12. Discharge by frustration: subsequent impossibility

2021 ◽  
pp. 467-492
Author(s):  
Robert Merkin ◽  
Séverine Saintier ◽  
Jill Poole
Keyword(s):  
Contract Law ◽  
Legal Basis ◽  
Breach Of Contract ◽  
General Terms ◽  
Force Majeure ◽  
Common Purpose ◽  
Legal Position ◽  
The Common ◽  
The Law ◽  
Legal Consequences

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. In general terms non-performance constitutes a breach of contract. The contract may have expressly allocated the risk of certain external events which occur after the contract is made to one of the parties by means of a force majeure clause. The terms of this clause will determine the parties’ positions if the event in question occurs. In the absence of an express allocation of the risk, the frustration doctrine is a residual doctrine that governs when such frustrating events intervene, without the fault of either party. These frustrating events relate to impossibility, illegality or frustration of the common purpose of both parties. This chapter examines the legal basis of the frustration doctrine, when it applies, when it does not apply and the legal consequences of frustration on the parties’ positions. Frustration automatically terminates the contract for the future and, where it applies, the provisions of the Law Reform (Frustrated Contracts) Act 1943 govern the parties’ pre-existing legal position.

Unjustified Enrichment in Comparative Perspective

2006 ◽  
pp. 968-1002
Author(s):  
Daniel Visser
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Comparative Perspective ◽  
The Future ◽  
The Common ◽  
English Law ◽  
The Law ◽  
Level Of Understanding ◽  
Unjustified Enrichment

Unjustified enrichment confronted both civil and common lawyers with thinking which was often completely outside the paradigm to which they had become accustomed. The recognition of unjustified enrichment as a cause of action in its own right in English law created a new arena of uncertainty between the systems. This article argues that comparative lawyers can make an important contribution to the future of the fractured and fractious world of unjustified enrichment. It may help to uncover the enormous wealth of learning of which both the common law and the civil law are the repositories, and so bring the same level of understanding to the law of unjustified enrichment which has, over the years, been achieved between the systems in regard to contract and tort.

The Future of Informed Consent in British Common Law

1999 ◽  
Vol 6 (3) ◽  
pp. 235-248 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Informed Consent ◽  
Medical Profession ◽  
Common Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Future ◽  
The Common ◽  
The Law

AbstractWithin the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.

Rescue and Voluntary Assumption of Risk

1934 ◽  
Vol 5 (2) ◽  
pp. 192-203 ◽  
Author(s):  
A. L. Goodhart
Keyword(s):  
Good Reason ◽  
Recent Case ◽  
The Future ◽  
Intuitive Judgments ◽  
English Law ◽  
The Law ◽  
The Moment ◽  
Further Development

In Mills v. Armstrong Lord Bramwell, in commenting on the judgments in Thorogood v. Bryan, said: ‘At present I will only observe that the four judges were great lawyers, and I believe that an experienced lawyer may be, as it were, instinctively right without at the moment being able to give a good reason for his opinion.’ Although such intuitive judgments may be satisfactory as doing justice between the litigants in a particular case, there is always the danger that they may prove to be misleading from the standpoint of the further development of the law, for it is natural to assume that as the judge has reached conclusion X by means of reason Y, therefore if conclusion X is correct then reason Y must be correct also. In future cases reason Y is accepted without further consideration because it has in the precedent case apparently led to a desirable result, even though, in fact, there may be no valid connexion between the reason given and the result. It may be suggested with all respect that the recent case of Cutler v. United Dairies (London), Ltd. may in the future have such an effect on the development of English law for, although the conclusion reached in it is obviously just and in accordance with established law, nevertheless some of the reasons advanced by the Lords Justices in support of their judgment are of doubtful validity, and may, if accepted apart from the facts of the particular case, lead to unfortunate results.

Consensus Mistake and Impossibility in Contract

1941 ◽  
Vol 7 (3) ◽  
pp. 361-378
Author(s):  
H. W. R. Wade
Keyword(s):  
Lever Bros ◽  
Legal Principle ◽  
The Future ◽  
The Subject ◽  
The Law ◽  
The Moment

The boundary between the fields of mistake and impossibility in contract seems never yet to have been critically surveyed. But such a survey is badly needed, for it is plain that at the moment the law of mistake is in no less a state of confusion than is the law of impossibility or ‘frustration’. The outstanding case of recent years, Bell v. Lever Bros., Ltd. (1931), met with such universal and (if it may humbly be said) unmerited hostility from publicists in all quarters that this alone calls for an inquiry into the difficulties of the subject. There, has been a disturbing tendency among text-writers, led by Pollock, to profess an inability to understand the ratio deddendi of the case, to try to limit it for the future to its exact facts, and to refuse to recognize in it any legal principle.

The Future of Joint-up Thinking

2015 ◽  
Vol 79 (3) ◽  
pp. 181-197
Author(s):  
Matthew Dyson
Keyword(s):  
House Of Commons ◽  
Select Committee ◽  
The Future ◽  
The Law ◽  
The Government ◽  
Joint Enterprise ◽  
The Moment ◽  
Substantive Law ◽  
Secondary Liability

The law of secondary liability continues to trouble defendants, victims, politicians, practitioners, judges, academics and laypeople. In a recent report, the House of Commons Justice Select Committee called even more forcefully for the Government to consult on reforming the law of ‘joint enterprise’. The committee called, in particular, for a stronger fault requirement: at the moment a secondary party can be liable for the full offence merely because he foresaw a chance that the principal might commit a crime. This article discusses the report, analyses the substantive law in issue and considers appropriate reforms. The report is also a chance to reassess what secondary liability looks like today, a process that reveals that we now live in a post-accessory liability world where ‘joint enterprise’ rules. This shift in language and corresponding shift in fault elements has caused significant uncertainty in understanding the law as well as practical injustice, making it easier to convict for more serious crimes than should be the case. The paper draws on an analysis of the joint enterprise cases decided in 2014 to show how attitudes to evidential and sentencing issues are shaping the substantive law.

scholarly journals Property Rights of Husband and Wife: A Brief Survey

1969 ◽  
pp. 39
Author(s):  
Suraj Khetarpal
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Palm Tree ◽  
Judicial Discretion ◽  
The Future ◽  
The Common ◽  
The Law ◽  
Husband And Wife

Under the Common Law a wife on marriage endowed her husband with all her worldly goods, and she also renounced all rights of ownership of any property she then, or in the future, might possess. The author examines the legislative departures from this position in England, Canada, Singapore and India. After establishing that the courts will apply "palm tree justice" where no definite intention as to the manner of ownership of property is ascertainable, the author concludes that this uncertainty in scope of judicial discretion should be removed as far as possible from the law.

scholarly journals LEGAL REGULATION OF THE LICENSE AGREEMENT IDENTIFICATION (CARE)

2019 ◽  
pp. 201-215
Author(s):  
Elena НAVINSKA
Keyword(s):  
Life Support ◽  
Legal Regulation ◽  
Third Party ◽  
Legal Basis ◽  
License Agreement ◽  
Maintenance Care ◽  
The Real Estate ◽  
Advantages And Disadvantages ◽  
Estate Property ◽  
The Law

The article deals with the procedure for certification of a life-support maintenance (care) contract in the law of Ukraine. The author analyzes its theoretical and legal basis, especially the emergence of problems and consequences of such a contract in realization the rights and interests of potential counterparties. The necessity of a notarial certificate of the contract of life maintenance on the basis of duration of the contract and its aleatore character is substantiated. The duties of the notary at the certification of the contract are as follows: clarification of the content of the contract and the value of the project submitted by them; verification of compliance of the content of the draft agreement with the intentions of the parties; establishment of a possible conflict between the draft contract and the requirements of the law. The notarial consultation consists in familiarizing with the rights and obligations of the parties: the alienator and the acquirer. The author described in detail the existing advantages and disadvantages (the problems of functioning) of this type of contract of obligatory law and highlighted the peculiarities of its action on the basis of court decisions and practice. Some problems were associated with the transfer of the real estate property to the acquirer's property, the integrity of contracting parties to the contract, the complexity of taking into account the terms of the agreement by the alienator, the element of the commissioning of the third party agreement and the peculiarities of termination of the contract in the court. The consequences of the implementation and termination of the contract of life maintenance (care) are explained. The author states that this institute of civil law needs more detailed legal regulation. The gaps in legislation on the rights and obligations of the parties are noted.

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