scholarly journals FACTORS INFLUENCING THE CHOICE OF THIRD PARTY LIABILITY MOTOR INSURANCE AMONG ACADEMIC STAFF IN LAGOS STATE, NIGERIA.

2018 ◽  
Vol 1 (1) ◽  
pp. 210-220
Author(s):  
Sewhenu Francis DANSU ◽  
Olufemi Adebowale ABASS ◽  
Yeside Abiodun OYETAYO
Keyword(s):  
Academic Staff ◽  
Study Data ◽  
Third Party ◽  
Insurance Policy ◽  
Tertiary Institutions ◽  
The Third ◽  
Lagos State ◽  
Motor Insurance ◽  
The Third Party ◽  
Major Factors

The coverage of the Third Party Liability (TPL) motor insurance is limited when compared with the third party liability, fire & theft and comprehensive coverage. Notwithstanding this limitation, vehicle owners seem to still prefer the third party liability motor insurance policy. This study seeks to identify the major factors responsible for this sentiment. 300 academic staff across five tertiary institutions in Lagos were engaged in this study. Data were gathered with the use of structured questionnaire, 146 copies of the questionnaires were duly completed and found useful for the study. The data were analysed by conducting factor analysis and testing three hypotheses using correlation analysis with the aid of Statistical Package for Social Sciences (SPSS), version 20. The study found significant positive relationship existing between family size, price of insurance, number of vehicles owned and marital status and the choice of TPL motor insurance policy among academic staff of higher institutions in Lagos State. The findings of the study reflected that TPL motor insurance is preferred because it is cheap and its purchase will not mainly hinder the attainment of the needs of any family members. It is recommended that safety of life and properties other than price of motor insurance should be considered when making motor insurance policy choice and that there is need to review the law of motor insurance with the aim of expanding the mandatory minimum coverage to cater for the life and properties of the insured.

scholarly journals Subrogation of the Guarantee Fund and liability of the persons failing to take out mandatory insurance: an endorsement of the prevailing opinion of Portuguese courts

2019 ◽  
Vol 4 (2019/4) ◽  
Keyword(s):  
Case Law ◽  
Third Party ◽  
The Third ◽  
Current Trends ◽  
Motor Insurance ◽  
The Third Party

The paper discusses the problem of subrogation of the Guarantee Fund, especially in a case when a person who failed to take out the third-party liability motor insurance was not liable for the accident. The author presents current trends in Portuguese case-law on this matter and examines whether the Guarantee Fund should be entitled to claim the redress.

, cases such as White v Jones will not come to be regarded as actions in contract, since it must be the contract between the relevant contracting parties which expressly or impliedly confers a benefit on the third party and, in White v Jones, it was the will, rather than the contract which conferred the relevant benefit. The second question above asks if T can seek to rely on a defence contained in the contract between A and B in an action brought against him by A or B. Typically, such cases will involve the question of whether T is entitled to the protection of an exemption clause. Many commercial transactions involve many parties. Typical examples include international trade dealings under which there is a complex of relations between the buyer, seller, carrier and other parties involved in the process of shipment of a cargo. Similarly, many contracts entered into for the purposes of the construction of a building or a ship may involve a number of subcontractors as well as the party commissioning the work and the main contractor. These multipartite relationships are often difficult to explain in terms of traditional rules of the law of contract which appear to treat the two-party contract as the norm. Where exemption clauses are concerned, a simple application of the doctrine of privity of contract would suggest that a third party cannot claim the benefit of such a provision if it is part of a contract between two other parties. If a firm of stevedores, employed by a carrier to unload a cargo, negligently damages goods carried under the terms of a contract of carriage made between the consignor of goods and the carrier, the question may arise whether the stevedore, in an action brought by the purchaser of the cargo, can claim the benefit of an exclusion clause in the contract between the consignor and the carrier which purports to protect both the carrier and the stevedore. Commercial reality suggests that if the risk of loss or damage to a cargo has already passed to the buyer then he should be insured against that risk. Accordingly, since there is likely to be a valid insurance policy covering the risk of damage in the course of unloading, it makes commercial sense for the stevedores to be able to claim the protection of the exemption clause. However, a rigid application of the doctrine of privity of contract in this type of case would mean that the stevedores could be sued for the damage to the cargo despite the fact that the buyer was insured against that risk. The commercial reality approach suggests that there should be a doctrine of vicarious immunity under which the third party may rely upon an exemption clause in a contract to which he is not a party, provided it is the intention of all concerned that the benefit should be extended to such a person. However, the doctrine of vicarious immunity was later rejected by the House of Lords in Scruttons Ltd v Midland Silicones Ltd, where the

1995 ◽  
pp. 772-772
Keyword(s):  
International Trade ◽  
Third Party ◽  
Simple Application ◽  
Insurance Policy ◽  
The Third ◽  
House Of Lords ◽  
The Will ◽  
The Law ◽  
The Third Party ◽  
Privity Of Contract

scholarly journals Just when I needed you most: Establishing on-demand learning support in a regional university

2020 ◽  
Vol 36 (5) ◽  
pp. 46-57
Author(s):  
Gail Wilson ◽  
Andrew McAuley ◽  
Sally Ashton-Hay ◽  
Tina Van Eyk
Keyword(s):  
Academic Staff ◽  
Academic Skills ◽  
Lessons Learned ◽  
Third Party ◽  
Learning Support ◽  
The Third ◽  
Regional University ◽  
After Hours ◽  
The Third Party

This article discusses the experiences and challenges of introducing a third-party learning support provider into the teaching and learning culture at Southern Cross University (SCU), a regional university with campus locations in New South Wales and Queensland. The provider was engaged to extend online study support after-hours to first year students to complement the on-campus and online academic skills consultations available during business hours. The case study covers a 2015 pilot, a wider roll-out in 2016, and finally, a 2017 university-wide access via the intranet as well as through nominated units. The project team collaborated, planned, and prepared for adding third-party student support with specific strategies used to implement institutional cultural change. The case study offers implications for practice and policy across the higher education sector through the lessons learned, including the need for a complementarity of services approach with existing student services, a team-based strategic approach with a provider representative, and the benefits from open and positive communication. The partnership between SCU and the third-party provider evolved to the mutual benefit of both organisations. Students received support and feedback when they needed it most, academic staff revitalised coursework, and the third-party provider fine-tuned a targeted service for the institution. Implications for practice or policy: Situate the academic skills support services provided in-house and the service provided by the third-party provider as complementary to each other. Re-enforce this complementarity in all communication with students and academic staff. Adopt a team-based approach to planning the introduction and implementation of a third-party provider’s services. Utilise the provider’s strengths, such as data generation and reporting, that enable student usage information about the after-hours service to be disseminated across the university.

scholarly journals RETENTION STRATEGY AND EMPLOYEE’S TURNOVER AMONG ACADEMIC STAFF OF LAGOS STATE OWNED TERTIARY INSTITUTIONS

2018 ◽  
Vol 1 (1) ◽  
pp. 228-237
Author(s):  
Oluwatoyin Frederick IDOWU
Keyword(s):  
Academic Staff ◽  
Group Discussion ◽  
Third Party ◽  
Retention Strategies ◽  
Tertiary Institutions ◽  
Leadership Management ◽  
Lagos State ◽  
Value Propositions ◽  
Differential Retention ◽  
Key Informant Interview

The study investigated the influence of retention strategies of tertiary institutions on academic staff turnover. Employing exploratory study, the Key Informant Interview (KII) combined with Focused Group Discussion (FGD) was deployed to elicit responses from third party respondents in two (2) Lagos State owned tertiary institutions. Descriptive statistics were used to describe the responses obtained. It was found that the same pattern of retention strategic offerings obtained in the two institutions. The distinguishing turnover factor (TF) for the two institutions was the differences in agency (leadership/management) dispositions to academic staff in terms of creating an enabling environment and climate that meet the expectations of academic staff in an ideal academic milieu. The study also established that differential academic status (cadres) require differential retention strategies to reduce the risk of turnover among the cadres. It was recommended among other things that tertiary institutions’ management need to periodically examine the existing value propositions profile offered to their academic staff in terms of their sufficiency and adequacy in comparison to what obtain in other global clime if they are not to further lose competent staff to competitors at both local and international academic market space

Resolving tension from the third-party forgiveness effect

2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

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