scholarly journals A critique of the Law Commission's report on injuries to unborn children and the proposed Congenital Disabilities (Civil Liability) Bill

1975 ◽  
Vol 1 (3) ◽  
pp. 116-121 ◽  
Author(s):  
I. Kennedy ◽  
R G Edwards
Keyword(s):  
Civil Liability ◽  
The Law ◽  
Congenital Disabilities

The Law of Tort

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Liability ◽  
French Law ◽  
The Law ◽  
Broad Approach ◽  
The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

scholarly journals Pertimbangan Hakim dalam Penilaian Alat Bukti Surat pada Perkara Penetapan Ahli Waris

2021 ◽  
Vol 2 (1) ◽  
pp. 99-103
Author(s):  
Ni Made Sinthya Kusuma Arisanthi ◽  
I Nyoman Putu Budiartha ◽  
I Nyoman Gede Sugiartha
Keyword(s):  
Moving Objects ◽  
Legal Reasoning ◽  
Civil Liability ◽  
The Law

In Heritance is everything in the form of treasure relics left by the heir to the beneficiary, which is that this inheritance can be moving objects and the objects do not move or be rights and obligations. Lately very many disputes arising in consequence in the dividing of the inheritance, which, between the rights and obligations of the unbalanced or in the dividing of the inheritance that is not in accordance with the wishes of the heirs. The dividing of inheritance should be using wills avoiding disputes among the heirs, the absence of a will the heir must prove with evidence of tools that have been specified in the law. One tool evidence supports a very authentic and has the power of proof most perfect IE tool written evidence or mail. From the background of the above, the authors take the title Considerations in the Assessment of the Evidence the Judge a Letter in the Case of Determination of Heirs. In this study, used normative research, so that it can be formulated as follows: the issue of whether the evidence of a letter submitted by the applicant was the beneficiary designation in accordance with the law of civil liability, as well as how the Tribunal judges considering the evidence a letter to grant the petition for dermination of the heirs, from the formulation of the problem can be explored regarding the evidence of tools able to convince at the same time as the consideration of judges in disconnected things of the expert determination the heir. The goals of this research are: to know the strength of the evidence of a letter in the system of succession in Indonesia, as well as to know the legal reasoning used by the judge as the consideration.

scholarly journals INSURANCE COVERAGE IN CIVIL LIABILITY OF MOTOR VEHICLES OWNERS’ COMPULSORY INSURANCE (COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF TURKEY AND THE REPUBLIC OF AZERBAIJAN)

InterConf ◽  
2021 ◽  
pp. 199-205
Author(s):  
Faik Birishik
Keyword(s):  
Motor Vehicle ◽  
Insurance Coverage ◽  
Civil Liability ◽  
Liability Insurance ◽  
Motor Vehicles ◽  
Coverage Area ◽  
Compulsory Insurance ◽  
The Law ◽  
The Republic ◽  
Republic Of Turkey

Both Turkish and Azerbaijani legislation requires motor vehicle owners to enter into a contract of compulsory civil liability insurance. The list of vehicles with compulsory civil liability insurance to third parties is reflected in Article 50.2 of the Law of the Republic of Azerbaijan on “Compulsory Insurance”. A similar list of vehicles with compulsory civil liability insurance is reflected in the Law of the Republic of Turkey “On Motor Roads”. Losses included in the coverage area of the insurance contract on compulsory civil liability insurance of motor vehicle owners are classified in the form of damage to vehicles, material damage and damage to life and health of the victim.

12. Breach of statutory duty

2019 ◽  
pp. 307-316
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Civil Liability ◽  
Statutory Duty ◽  
Regulatory Statute ◽  
The Law ◽  
And Function ◽  
Role And Function

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.

Environmental Compensation Schemes: Experience and Prospects

2003 ◽  
Vol 5 (1) ◽  
pp. 9-22
Author(s):  
Neil Hawke ◽  
Pamela Hargreaves
Keyword(s):  
Environmental Protection ◽  
Limited Liability ◽  
Civil Liability ◽  
Environmental Liabilities ◽  
Insurance Cover ◽  
Efficiency And Effectiveness ◽  
Polluter Pays Principle ◽  
The Law

This article draws on existing experience of the law, its application and enforcement as it affects environmental funds (or joint compensation schemes) in order to reflect on the more recent use and development of emerging funds. The investigation encompasses funds created through international accords in addition to those created on a national basis. It looks at schemes designed to identify and manage environmental liabilities as well as those designed to generate funding for environmental enhancement and protection. In addition to identifying any differences in approach between these two ‘types’ of fund the article isolates those aspects of existing schemes which have contributed towards their efficiency and effectiveness and investigates how far those criteria are reflected in the emerging environmental funds. A number of related issues run through the article: the variability of recognition of the ‘polluter pays’ principle, the identity and liabilities of fund contributors, the administration of funds and the achievement of widely differing objectives when compared with traditional civil liability regimes, the extent to which liability funds in particular are likely to achieve deterrence and promote higher standards of environmental protection, and the operational significance of accompanying provision for strict but limited liability and insurance cover.

Race and the Law in the Genomic Age

2017 ◽  
Author(s):  
Robin Bradley Kar ◽  
John Lindo
Keyword(s):  
Evolutionary Psychology ◽  
Civil Liability ◽  
Central Mechanism ◽  
Equal Treatment ◽  
Equal Protection ◽  
Human Populations ◽  
Critical Race ◽  
Human Psychology ◽  
Racial Perceptions ◽  
The Law

Despite the ‘Age of Genomics’, many scholars who study race and the law resist biological insights into human psychology and behaviour. Contemporary developments make this resistance increasingly untenable. This chapter synthesizes recent findings in genomics and evolutionary psychology, which suggest cause for concern over how racial concepts function in the law. Firstly, racial perceptions engage a ‘folk-biological’ module of psychology, which generates inferences poorly adapted to genomic facts about human populations. Racial perceptions are, therefore, prone to function in ways more prejudicial than probative of many issues relevant to criminal and civil liability. Secondly, many folk biological inferences function automatically, unconsciously, and without animus or discriminatory intent. Hence, current equal protection doctrine, which requires a finding of discriminatory intent and is a central mechanism for guaranteeing people equal treatment under the law, is poorly suited to that task. These facts support but complicate several claims made by Critical Race Theorists.

The Law of Torts. A Concise Treatise on Civil Liability for Actionable Wrongs to Person and Property

1927 ◽  
Vol 25 (7) ◽  
pp. 820
Author(s):  
Howard L. Bevis ◽  
Francis M. Burdick
Keyword(s):  
Civil Liability ◽  
The Law

The Defective Premises Act 1972—Defective Law and Defective Law Reform

1974 ◽  
Vol 33 (2) ◽  
pp. 307-323 ◽  
Author(s):  
J. R. Spencer
Keyword(s):  
Civil Liability ◽  
Law Reform ◽  
The Law ◽  
Draft Bill ◽  
Civil Remedy ◽  
Law Commission ◽  
Poor Show

The Defective Premises Act 1972—which did not come into force until 1 January 1974—was intended to do three things: first, it was intended to create a new civil remedy against incompetent architects and jerry builders who design or build bad dwelling-houses; secondly, it was intended to abolish the anomalous immunity of vendors and lessors from negligence actions; and thirdly, it was intended to widen the liability of landlords for defects in the premises which they let. The Act is based on the draft Bill annexed to the Law Commission's fortieth report, “Civil Liability of Vendors and Lessors of Defective Premises”—although in the Act the Law Commission's proposals have been considerably watered down. During the passage of the Act through Parliament the Law Commission was congratulated on its “remarkable piece of work,” and comentators have since welcomed it, either without criticism or else with fulsome praise. So excited was everyone by the label “law reform” that no one seems to have pointed out a number of obvious defects in the Law Commission's original proposals, defects which were multiplied when those proposals were heavily watered down. The final measure is open to a number of criticisms. It is, with all due respect to the Law Commission and to the sponsors of the Bill, a measure which adopts excessively cumbrous means to achieve relatively modest ends; which is drafted in terms which are longwinded, ugly and obscure; and which ultimately changes little—a poor show in view of the complications it creates in the process.

scholarly journals Correlation of The Concepts of "Terrorism", "Terrorist Act", and "Act of Terrorism" in Obligations in The Law of Tort

2019 ◽  
Vol 8 (3) ◽  
pp. 7166-7170
Keyword(s):  
Comparative Analysis ◽  
Civil Liability ◽  
Basic Question ◽  
The Law

The article provides a comparative analysis of the terms "terrorism" and "terrorist act". In order to bring the harm-doers to civil liability, the authors suggest introducing a broader concept of an "act of terrorism". The current legislation provides for various types of liability for harm caused to victims of terrorism. However, civil liability offers a clear list of specific subjects of such liability. For victims to successfully exercise their right to compensation for harm, the authors suggest consistent use of the concepts of "damage", "loss", and "harm". In the research, the authors have answered the following basic question: when and on what grounds the person causing harm to the victims may be held liable for harm caused by a terrorist act. Another question answered was as follows: the existence of what conditions gives rise to such liability.

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