A Study about Scope of Recognition on the Cost of Rental Car in Standard for payment of Property Damage Liability Insurance of the Automobile Standard Clauses: Focusing on Busan District Court Decision 2020Na53231 Decided February 18, 2021

2021 ◽  
Vol 15 (3) ◽  
pp. 155-188
Author(s):  
Gyu Seong Cho
Keyword(s):  
Liability Insurance ◽  
Court Decision ◽  
District Court ◽  
Property Damage ◽  
The Cost

scholarly journals Incentives, Mandates, and Taxes: When Doing More Equates to Learning More

2019 ◽  
Vol 33 (2) ◽  
pp. 166-169
Author(s):  
Paul E. Terry
Keyword(s):  
Financial Incentives ◽  
Wellness Programs ◽  
Court Decision ◽  
District Court ◽  
Health Improvement ◽  
Circuit Court ◽  
Individual Mandate ◽  
Minority View ◽  
The Individual ◽  
The Cost

A recent District Court decision held that the Affordable Care Act (ACA), absent a tax penalty relating to the individual mandate, was unconstitutional. This follows on a Circuit Court decision that the ACA wellness provisions should be nullified. This editorial reviews the similarities and differences between the rulings and asks if a reasonable person would believe that offering financial incentives aimed at supporting a modicum of effort at self-care is rational. One survey of employers and health care consumers indicates 91 percent of those surveyed agree that wellness programs are a perk that helps employees improve health and, interestingly, the same percent agree these programs are sponsored by employers to cut costs. Where some may view the cost containment objectives of employee wellness as dubious, it's a minority view. Still, some minorities should and do carry inordinate sway in public health such as the small percent of those living with chronic conditions who are unwilling to participate in a healthy living program that is associated with their receiving full benefits. Are incentives a worthwhile strategy if they fail to motivate those who would benefit most from health improvement?

scholarly journals Kekuatan Pembuktian Wasiat Di Bawah Tangan dan Ratio Legis Putusan Pengadilan Negeri Bitung Nomor 43/Pdt.G/2015/PN.Bit. tentang Jual Beli Tanpa Adanya Bukti Tertulis

2020 ◽  
Vol 5 (2) ◽  
pp. 369
Author(s):  
Inca Nadya Damopolii ◽  
R. Imam Rahmat Sjafi’i
Keyword(s):  
Research Method ◽  
Customary Law ◽  
Court Decision ◽  
District Court ◽  
Witness Testimony ◽  
Physical Evidence ◽  
Legal Consideration ◽  
Material Evidence ◽  
Laws And Regulations ◽  
Legal Force

This study aimed to analyze the force of private testament proofing and the judge's consideration in the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. about sale without any written evidence. The study used a normative research method with a statutory approach and a case approach. The results showed the power of private testament regarding the Bitung District Court Decision Number 43 / Pdt.G / 2015 / PN.Bit. is strong, judging from the power of physical evidence, the power of formal evidence, and the power of material evidence. However, the sale carried out between the plaintiff and the defendant which was not in the presence of the Land Deed Official had weak legal force because it was not in accordance with the prevailing laws and regulations. In their legal considerations, judges used the principle of sale customary law only, namely light and cash, and witness testimony de auditu as evidence. This legal consideration was deemed inappropriate because it was against the Basic Agrarian Law and in general the witness testimony de auditu was rejected as evidence.

scholarly journals PHILOSOPHICAL FOUNDATION OF RELIGIOUS COURT COMPETENCE TOWARDS ENCUMBRANCE RIGHT EXECUTION

2018 ◽  
Vol 18 (2) ◽  
pp. 222
Author(s):  
Abd. Shomad ◽  
Rahadi Wasi Bintoro
Keyword(s):  
Law Enforcement ◽  
Dispute Resolution ◽  
Islamic Law ◽  
Court Decision ◽  
District Court ◽  
Philosophical Foundation ◽  
Conceptual Approach ◽  
Historical Approach ◽  
Legal Relationship

Religious court as forefront in economic sharia dispute resolution in litigation has not ideal place to perform their duty since there are still regulation conflicts such as implementation of encumbrance right execution which still becomes a domain in district court. As explained, this article discusses phi-losophical foundation of Religious Court competence to resolve economic sharia issues. In regard to this, conceptual approach, law approach and historical approach are respectively used. Based on the analysis, basic competence of religious court is Islamic personality principle which carries the use of Islamic law elements (sharia principle) in its legal relationship. From the analysis the implication is drawn that as long as a dispute belongs to economic sharia, then it is Religious Court which is com-petent to handle including court decision.Keywords: law enforcement, economic sharia dispute, absolute competence, court decision implementation

12. Nuisance

2020 ◽  
pp. 284-314
Author(s):  
Carol Brennan ◽  
Vera Bermingham
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Uk ◽  
The Cost

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 of the UK involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.

12. Nuisance

2018 ◽  
Author(s):  
Vera Bermingham ◽  
Carol Brennan
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Personal Injury ◽  
Legal Knowledge ◽  
Property Damage ◽  
Consumer Protection Act ◽  
Key Points ◽  
Tort System ◽  
The Uk ◽  
The Cost

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 of the UK involves a strict liability regime for defective products on a variety of potential defendants. This discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.

scholarly journals “Estimating incurred claims”

1969 ◽  
Vol 5 (2) ◽  
pp. 274-279
Author(s):  
V. Benedikt ◽  
Herbert L. Feay
Keyword(s):  
United States ◽  
The United States ◽  
Liability Insurance ◽  
Insurance Company ◽  
Property Damage ◽  
Bodily Injury

Mr. Benedikt uses “chain relatives” based on the incurred claim totals included in Part 5 of Schedule “P” of the annual statement required for fire and casualty companies in the United States. Each total is for the losses as developed to end of calendar year (j) for claims incurred because of accidents in calendar year (i). Each total is the sum of the actual payments made before the end of year (j) plus the reserve for estimated payments to be made after the end of year (j) for claims incurred in year (i). The “chain relatives” are ratios. The “chain relative” ai,j is the ratio of developed losses to end of (j + 1) to the developed losses at the end of year (j).Each total of Part 5 of Schedule “P” equals the sum of the total payments to date plus the total reserves for future payments for the corresponding classification of claims. Separate totals for these amounts are given in Part 1 of Schedule “P”. The totals of Part 5 are not secured directly from Part 1 because Part 1 gives totals by policy year of issue only and Part 5 separates the totals by policy of issue by calendar year in which claims are incurred. The two parts are prepared from the same basic claim information and agree in total.The accumulated total paid losses for most casualty lines increase with passage of time. This accumulated total for paid losses can be reduced only if there are recoveries for losses previously paid, such as can occur for auto collision. For auto collision, the insurance company for this insurance can pay the insured for the damage to his car and then later recover from the insurance company that provided the liability insurance for another car involved in the same accident. Such substantial recoveries normally do not occur for auto liability insurance for bodily injury and property damage.

scholarly journals SINKRONISASI DAN DIFERENSIASI PUTUSAN HAKIM DALAM PENYELESAIAN KASUS-KASUS KEKERASAN DALAM RUMAH TANGGA

2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Tjokorda Istri Putra Astiti
Keyword(s):  
Domestic Violence ◽  
Gender Equity ◽  
Violence Against Women ◽  
The Other ◽  
Court Decision ◽  
District Court ◽  
Gender Justice ◽  
High Court ◽  
Other Hand ◽  
And Gender

This study specifically aims to assess synchronization and differentiation between the judge's decision, both horizontally and vertically, especially with regard todomestic violence cases. In addition, this study also intends to study about rule  whichare  applied by the Judges on the cases, and  reveal whether the  decision  under reviewreflects the gender justice This research is a legal normative research using case approach which wasexamined by studying the Judge’s decision in concrete cases, especially with regard todomestic violence. The number of decisions that were examined are six decisions whichconsists of three decisions of the District Court (Pengadilan Negeri) and  threedecisions  of the High Court (Pengadilan Tinggi). The decisions are determined bypurposive sampling.  Based on the analysis of the six decisions mentioned above ,  can be concludedas following:1)  The rule applied by the judge in hanling the concrete cases  regarding domestic violence particularly violence against women is on the Domestic Violence Act ( ActNo. 23/2004 ) with the application of a kind of sanction of imprisonment rangingfrom 1-3 months, that varied there the defendant was arrested some are droppedwith conditional (pidana bersyarat) (not being held prisoner) 2)  Among the three decisions of the District Court and the three decitions of the HighCourt which have analysed,  in one hand show synchronization and the other hand show differentiation.  In this case, synchronization and differentiation  can be seen vertically (between the District Court and the High Court decision), andhorizontally (between the District Court to each other) or between the decision ofthe High Court to each other).  3)  That the decision of the District and the High Court,  either have reflected gendersensitively and gender equity.

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