scholarly journals Reconceptualising the Nautical Fault Exception in the Fog of Emerging Technologies

2021 ◽  
Author(s):  
Melis Ozdel
Keyword(s):  
New Technology ◽  
Autonomous Systems ◽  
Employment Law ◽  
Risk Allocation ◽  
Employment Contracts ◽  
Legal Rules ◽  
Commercial Activities ◽  
Legal Personhood ◽  
Main Tenet ◽  
Smart Ports

Abstract It is expected that the maritime world will be significantly different by 2050, from smart ports through to blockchain-based shipping documents and autonomous vessels. As the maritime trade witnesses further developments in this field, there will be an inevitable struggle to harmonise the new technology vessels with the traditional rules of law. This article seeks to further the discussion of one of the main legal rules that will have a significant role in shaping sea carriers’ liability for goods carried by autonomous vessels: the nautical fault exception, which operates to remove, to some extent, sea carriers’ liability for losses arising from the acts or omissions of their employees. The main tenet of this article is that an adapted version of the exception should be available to govern the carriage of goods by new technology vessels. In this context, it advocates the use of legal personhood for the purposes of the nautical fault exception. In so doing, this article contributes to the important debate in employment law on the distribution of the risk of losses arising from autonomous systems when, in future, they take over tasks traditionally carried out by employees. In the absence of employment contracts to perform certain commercial activities, the law will need to decide whether legal personhood should be assigned to autonomous systems for efficient and fair risk allocation. This article illustrates why this may be the solution particularly where there is a ‘fine-tuned’ balance of liability already struck in the current legal landscape.

3. Contracts of employment (2): content and wages

2019 ◽  
pp. 138-253
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Social Media ◽  
Minimum Wage ◽  
Electronic Communication ◽  
Employment Law ◽  
Cutting Edge ◽  
The Other ◽  
Living Wage ◽  
Employment Contracts ◽  
Other Hand ◽  
The Law

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand, some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes by considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.

The Jurisprudence of American Slave Sales

1996 ◽  
Vol 56 (1) ◽  
pp. 143-169 ◽  
Author(s):  
Jenny B. Wahl
Keyword(s):  
Labor Markets ◽  
Institutional Support ◽  
Employment Law ◽  
Property Value ◽  
Commercial Law ◽  
Free Labor ◽  
Legal Rules ◽  
Information Gaps

An analysis of all appellate cases involving slave-sales reveals that southern courts helped minimize the costs of trading in slaves. Slave-sales law also surpassed other contemporaneous commercial law in sophistication. Why? Greater information gaps between slave buyers and sellers called for more complex institutional support. The enormous property value embodied by slaves also led to more litigation, greater need for settled law, and a more even match of power between plaintiff and defendant. Additionally, legal rules surrounding slave sales substituted for the employment law governing free-labor markets.

Employment Law Concentrate

2017 ◽  
Author(s):  
Michael Jefferson
Keyword(s):  
Trade Unions ◽  
Employment Status ◽  
Parental Leave ◽  
Employment Law ◽  
Parental Rights ◽  
Equal Pay ◽  
Employment Contracts ◽  
Essential Information ◽  
Vicarious Liability ◽  
And Gender

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Employment Law Concentrate helps to consolidate knowledge in this area of law. This fifth edition includes updates on employment law including coverage of the National Living Wage, shared parental leave, and gender pay reporting. There are new sections on equal pay between men and women and vicarious liability in equality law. Chapters examine employment status, contracts, and pay. The volume also looks at discrimination, parental rights, working time, and types of breach of employment contracts and termination of employment contracts. Finally the text looks at dismissal issues, redundancy, and trade unions.

COVID-19 and Employment Law in South Africa: Comparative Perspectives on Selected Themes

2021 ◽  
Vol 33 (1) ◽  
pp. 25-55
Author(s):  
Lonias Ndlovu ◽  
Clarence Itumeleng Tshoose
Keyword(s):  
South Africa ◽  
Working Hours ◽  
Employment Law ◽  
Working Environment ◽  
The Novel ◽  
Employment Contracts ◽  
Public Health Emergencies ◽  
Global Pandemic ◽  
Novel Coronavirus ◽  
Comparative Content

Public health emergencies such as the novel coronavirus (COVID-19), which was elevated to a global pandemic, usually have severe implications for people in various spheres of life. For example, people’s employment and social welfare are affected. In this paper, the authors explore the possible implications of COVID-19 on the rights of employers and employees in South Africa. The issues that need to be considered include leave when employees elect to stay at home as a precautionary measure against contracting the coronavirus at work, the enforcement of employment contracts, employment security, workplace discipline, working hours, absenteeism, and the employer’s duty to provide the employees with a safe working environment. Using a doctrinal legal research method, the article provides an analysis of the applicable laws and cases from South Africa and related jurisdictions. The comparative content, analysis of legislation, case law, and sector-specific guidelines show that COVID-19 has and will continue to have a significant impact on the employment laws as reflected in different jurisdictions. Although employment law is generally jurisdiction-specific, there are many commonalities in the laws of different countries, both on the African continent and globally. It is also important to note that the existing employment laws need to be adjusted in order to accommodate the effects of the pandemic. For example, South Africa can draw valuable lessons from other jurisdictions on how to deal with employment matters during a pandemic, and therefore COVID-19 presents the country with an opportunity to develop both its employment laws and the common law.

scholarly journals Quantifying and reducing the surface blind zone and the seabed dead zone using new technology

2009 ◽  
Vol 66 (6) ◽  
pp. 1370-1376 ◽  
Author(s):  
Atle Totland ◽  
Geir O. Johansen ◽  
Olav R. Godø ◽  
Egil Ona ◽  
Terje Torkelsen
Keyword(s):  
New Technologies ◽  
New Technology ◽  
Dead Zone ◽  
Autonomous Systems ◽  
Ecosystem Dynamics ◽  
Potential Measurement ◽  
Acoustic Backscattering ◽  
Acoustic Data ◽  
Blind Zone ◽  
Measurement Biases

Abstract Totland, A., Johansen, G. O., Godø, O. R., Ona, E., and Torkelsen, T. 2009. Quantifying and reducing the surface blind zone and the seabed dead zone using new technology. – ICES Journal of Marine Science, 66: 1370–1376. The surface blind zone and the seabed dead zone are unobservable with hull-mounted acoustic systems. These constraints may seriously limit the effectiveness of acoustic observations in studies of ecosystem dynamics. In this paper, new technologies are used to make observations in these boundary zones, by augmenting conventional acoustic observations from transducers mounted in a retractable keel with simultaneous observations from two autonomous acoustic systems, one sampling the surface blind zone and the other the seabed dead zone. These observations to some extent overlap in depth, which allows comparisons between data collected with the vessel and the corresponding data from the two autonomous systems. The main targets of the investigation were young-of-the-year gadoids in the surface blind zone and older cod at least partly in the seabed dead zone. Species and their sizes were identified from trawl samples. The advantages and limitations of using new autonomous equipment for quantifying the acoustic backscattering within otherwise unobservable zones are discussed. The magnitudes of potential measurement biases in acoustic data collected with the vessel are also estimated for this survey.

3. Contracts of employment (2): content and wages

2019 ◽  
pp. 135-243
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Social Media ◽  
Minimum Wage ◽  
Electronic Communication ◽  
Employment Law ◽  
Cutting Edge ◽  
The Other ◽  
Living Wage ◽  
Employment Contracts ◽  
Other Hand ◽  
The Law

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media. The chapter concludes bu considering specifically the law on wages, including the statutory requirements of paying the national minimum wage and the national living wage.

The Employment Contract

2018 ◽  
Author(s):  
Ian Ayres ◽  
Stewart J. Schwab
Keyword(s):  
Public Policy ◽  
Economic Analysis ◽  
Employment Law ◽  
Employment Contracts ◽  
Employment Contract ◽  
State Employment ◽  
Questions And Responses

8 Kansas Journal of Law & Public Policy (1998-1999)This article consists of Professors Ian Ayres and Stewart Schwab 's presentation given at the Economic Analysis of State Employment Law Issues Symposium. Following the presentation, audience members and the presenters participated in a discussion concerning employment contracts. The Journal staff and Professors Ayres and Schwab compiled and edited some of these questions and responses.

scholarly journals The Legal Rules Pertaining to Land Protection in Hungary

2005 ◽  
pp. 324-331
Author(s):  
Zoltán Fürj
Keyword(s):  
Agricultural Land ◽  
Human Society ◽  
Net Income ◽  
The European Union ◽  
Land Classification ◽  
Member States ◽  
Land Protection ◽  
Legal Rules ◽  
Commercial Activities

Buildings in industry, mining, transportation and for personal and commercial activities cover increasingly more valuable agricultural land. The increase of sub-urbanization and vehicular traffic and the spread of malls and other kinds of investments are causing serious harm for not only to human society, but to a whole national economy as well.The law on agricultural land (1994:LV) contains legal rules for the preservation, use and classification of agricultural land. These rules define the temporary or permanent use of land for agricultural and non-agricultural purposes; the scale of the land-protection fee and the rules of the process on cases in which land is used for non-agricultural purposes without the consent of the land registry. In the field of land classification, the law prescribes the regulations which are to be followed in order to define the net income of agricultural land in Golden Crowns.Hungarian land protection rules are unique in the European Union, because only few member-states have similar laws to ours. Community law does not regulate the member states, except in the case of land classification, because this is the basis of the tax paid on the agricultural lands, but even here, there are differences among the states.

3. Contracts of Employment (2): Content and Wages

2017 ◽  
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock
Keyword(s):  
Social Media ◽  
Electronic Communication ◽  
Employment Law ◽  
Cutting Edge ◽  
The Other ◽  
Employment Contracts ◽  
Other Hand

This chapter explores where express terms come from, especially if they are not all neatly set out in writing, and then goes on to consider how terms become implied. Here, several significant differences between ordinary commercial contracts and employment contracts will be seen, both in the scale of the use of implied terms in employment law to ‘perfect’ the bargain and in the sheer strength of some of these frequently implied terms that can, in practice, be just as important as express terms. Having looked at where these terms come from, the chapter goes on to consider the principal duties that they impose on employers and employees, some of which are old and obvious, such as the employer’s duty to pay wages and the employee’s duty of obedience to lawful orders. On the other hand some are more recent and more at the cutting edge of modern employment law, such as the implied term of trust and confidence for the employee and the topical controversies over confidentiality at work in an age of electronic communication and social media.

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