scholarly journals L'abus des fonctions dans la relation préposé-commettant en droit civil québécois.

2005 ◽  
Vol 19 (3) ◽  
pp. 595-642
Author(s):  
Claude Masse
Keyword(s):  
Public Relations ◽  
Case Law ◽  
Great Difficulty ◽  
Direct Result ◽  
General View ◽  
Simple Fact ◽  
Personal Benefit ◽  
Simple Question ◽  
Broad Interpretation

The following article deals with the problem of « misuse of office » in the principal-agent relationship under Quebec civil law. Despite the abundance of case law, solutions to the problem are not well defined especially in cases involving personality defects of the agent. The law concerning « misuse of office » is generally to be found in article 1054(7) of the Quebec Civil Code concerning the liability of principals. This controverted article not only deals with the liability of masters for servants, but also with the problem of torts committed by agents (art. 1731 C.C.). It also has an effect on workmen's compensation laws. The main issue in « misuse of office » is the determination of what constitutes a carrying out of duties within the scope of employment. The principal can only be held liable for the tort of an agent if three conditions are met : the tort feasor must have been his agent ; he must have committed a wrongful act ; and this act must have been committed in the scope of his employment. After a general view of the fundamental principles involved, the paper defines « misuse of office » as « all torts committed by an agent in the exercice of his duties, even when not authorized to carry out the duties in the manner which he did, but where the activity is designed to benefit his principal ». The only case where the principal escapes liability is where the agent committed a tort which did not involve his work. The agent in that case no longer acts for the benefit of his principal, but is pursuing his personal interest. The principal is then no longer held liable. Determination of the notion of « benefit » therefore becomes essential. Far from being a simple question of monetary profit, it is extended to mean any activity which can serve the principal's enterprise, whether in the improvement of public relations, or of relations with staff or suppliers. The pecuniary gain becomes but one element amongst many others. It is not even necessary for the benefit to ever materialize. The simple fact that the intention was to benefit the principal is sufficient. The review of the case law leads the author to conclude that the modification of the ways in which the duties are carried out has little effect on the liability of the principal. For instance, the agent can change the time, the place and the manner of performance and still engage the liability of the principal. Quebec courts have gone even further. They have held that an agent can go beyond the usual scope of his duties or take up some that he was not authorized to do, without affecting the liability of the principal. In fact, Quebec courts have developed a broad interpretation of the notion of duty. They consider that the agent is called upon to perform tasks more or less accessory to his main duties and thus extend the principal's liability to all of them. As already stated, the notion of «benefit to the principal» is a determining factor. It is not necessary that the agent's work for the principal be exclusive. The agent that derives a personal benefit and simultaneously intends to benefit the principal, will still be considered to have performed an act in the course of his duties. The paper examines a series of problems involving the personality of the agent. Certain tortious acts can be committed in relations with third parties or co-workers, and are the direct result of a personality defect of the agent. Such is the case of a restaurant worker who physically attacks a client as the result of a dispute or of the agent stealing from a client. The paper points out the great difficulty that Quebec courts have experienced in the legal qualification of this situation. After an in-depth study of the Quebec case law, the paper concludes that the trend is to maintain the liability of the principal in these cases. One criterion appears to be well defined : the principal bears the responsibility, when hiring someone, to assure his clients or the persons with whom he does business, that he will respect their property as well as their moral and physical integrity. The necessary tie between the duties of the agent and the relationship with persons coming in contact with him, will engage the liability of the principal. Every time the agent comes in contact with a person in the carrying out of business, the principal will be held responsible for the damage resulting from personality defects of the agent. In all other cases, the relation will be considered personal to the agent and the principal will be relieved of any liability.

Consideration of administrative cases on forced alienation of land plots for motive public needs: judicial practice and perspective

2020 ◽  
Vol 4 (4) ◽  
pp. 180-186
Author(s):  
Roman Myronyuk ◽  
Serhiy Shatrava
Keyword(s):  
Public Relations ◽  
Judicial Review ◽  
Case Law ◽  
Social Needs ◽  
Scientific Article ◽  
Legal Basis ◽  
Judicial Practice ◽  
Land Valuation ◽  
Court Proceedings

The article analyzes the legal basis of the courts in considering administrative cases of forced alienation of land for reasons of public necessity. The subject of research within this scientific article is public relations that arise during the judicial review of administrative cases of forced alienation of land for reasons of public necessity. The objectives of the study within its subject are: to clarify the legal basis for the judicial review of administrative cases of forced alienation of land for reasons of public necessity; determination of court proceedings for this category of administrative cases; clarifying the shortcomings of the jurisprudence of this category of cases and making individual proposals for its improvement. As a result of the analysis of case law, the authors conclude that when considering this category of cases the most difficult problems are: lack of effective pre-trial dispute resolution, difficulty of collecting and evaluating evidence in the case, in particular regarding confirmation of land valuation and legality of its intended use. social needs; determination of the terms of court proceedings, execution of a court decision, etc., the solution of which determines the purpose of the study. In the framework of the study, in order to fulfill its tasks, the materials of the practice of consideration of this category of cases by the courts were analyzed. plots for public needs; determining the truth of "public needs of forced alienation of land and objects located on it"; determining the objectivity of the assessment of the alienated property. Some scientifically substantiated directions of improvement of legal bases of activity of courts concerning consideration of administrative cases on compulsory alienation of the ground area for reasons of public necessity are offered.

Reflections on Arctic Maritime Delimitations: A Comparative Analysis between the Case Law and State Practice

2011 ◽  
Vol 80 (4) ◽  
pp. 459-484
Author(s):  
Yoshifumi Tanaka
Keyword(s):  
Comparative Analysis ◽  
Arctic Ocean ◽  
Case Law ◽  
The Arctic ◽  
Coastal State ◽  
Ocean Governance ◽  
State Practice ◽  
The Arctic Ocean

AbstractThe determination of spatial ambit of the coastal State jurisdiction is fundamental for ocean governance and the same applies to the Arctic Ocean. In this regard, a question arises how it is possible to delimit marine spaces where the jurisdiction of two or more coastal States overlaps. Without rules on maritime delimitation in marine spaces where the jurisdiction of coastal States overlaps, the legal uses of these spaces cannot be enjoyed effectively. In this sense, maritime delimitation is of paramount importance in the Arctic Ocean governance. Thus, this study will examine Arctic maritime delimitations by comparing them to the case law concerning maritime delimitation. In so doing, this study seeks to clarify features of Arctic maritime delimitations.

Determining a Suicide under Australian Law

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Stephanie Jowett ◽  
Belinda Carpenter ◽  
Gordon Tait
Keyword(s):  
Case Law ◽  
Law Reform ◽  
Practical Matter ◽  
The Law ◽  
Recent Government

This article examines the role of coroners in making legal determinations of suicide in Australia. Research indicates that the requirement to make findings of intent and capacity in unexpected, violent deaths can be difficult for coroners and recent government inquiries have suggested that the law contributes to the problem. A review of laws and commentary that guide coroners in Australian states and territories reveals not only that coroners are the only persons tasked with making routine legal determinations of suicide, but that such legal guidance lacks clarity. This article concludes that law reform would aid coroners by clarifying definitional issues, removing inconsistency between state jurisdictions and increasing the transparency of case law. Along with requirements for a determination of intent, which is a practical matter previously raised by the Victorian Coronial Council, such changes would go some way to ensuring that Australian suicide statistics are more reliably created.

IV.—Notes on the Bivalves contained in the Gilbertson Collection, British Museum, and Figured in Phillips's “Geology of Yorkshire.”

1879 ◽  
Vol 6 (4) ◽  
pp. 161-165
Author(s):  
R. Etheridge
Keyword(s):  
Accurate Determination ◽  
British Museum ◽  
Great Difficulty ◽  
Type Specimens ◽  
Early Date ◽  
Late Professor

BY far the larger proportion of the Carboniferous fossils described and figured by the late Professor John Phillips, F.R.S., in the second volume of his “Illustrations of the Geology of Yorkshire,” and published in 1836, are contained in the collection of the late Mr. Gilbertson, of Clitheroe, now deposited in the Geological Department of the British Museum. The early date of publication of this work renders the collection described in it one of the most important, next to those of Sowerby, Ure, Martin, and one or two others, to students not only of British, but equally so of Continental Carboniferous Palæontology. Unfortunately the descriptions of Prof. Phillips are so abbreviated and unsatisfactory, and the figures in many instances so mearge, that it is with great difficulty anything like an accurate determination of a species can be made by the aid of them. Under these circumstances the following notes made directly from the type specimens will probably be found of use; it would, however, be far more satisfactory to have the specimens refigured. For convenience sake I shall commence with those composing plate vi., and then take the others composing plate v.

scholarly journals The questions of territorial jurisdiction of advocating for the election or extension of pre-trial detention

2020 ◽  
pp. 10-20
Author(s):  
Oleg Aleksandrovich Kravchenko ◽  
Roman Valer'evich Fedorov
Keyword(s):  
Preliminary Investigation ◽  
Accurate Determination ◽  
Case Law ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Territorial Jurisdiction ◽  
Legal Situation ◽  
Administrative Proceedings ◽  
Principle Of Legality

Accurate determination of the place of preliminary investigation indicates adherence to the principle of legality in criminal proceedings and the achievement of goals on the protection of rights and lawful interests of the affected parties, as well as on protection of individual from wrongful and unfounded accusations and restrictions of their rights and freedoms. Science addresses the general questions pertaining to determination of the place of preliminary investigation, but does not give due attention to realization of discretionary powers of the higher investigating authority to determination of the place of preliminary investigation. The article reveals the essential conditions for application of such power by the investigating authority, and analyzes case law for compliance with these conditions. The conclusion is made that legislation does not contain clear and specific rules for determination of the place of preliminary investigation, including the territorial jurisdiction of advocating for the election or extension of pre-trial detention. The author describes the flaws in legal regulation associated with the possibility of determination of jurisdiction of a case in administrative proceedings, by means of law enforcement decision prior to the emergence of legal situation (for example, before  submission of a request for the election or extension of pre-trial detention) by lowering the rank of investigating authority, for example to district level. From the practical perspective, elimination of such flaws should facilitate the proper application of the corresponding legal norm, as well as accurate determination of the place of preliminary investigation.

scholarly journals PELAKSANAAN HUMAS DALAM SOSIALISASI PROGRAM JAMINAN SOSIAL KETENAGAKERJAAN DI KANTOR BPJS KETENAGAKERJAAN PADANG

Jurnal Ecogen ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 308
Author(s):  
Sharly Yoenaz
Keyword(s):  
Social Security ◽  
Public Relations ◽  
Snowball Sampling ◽  
Model Data ◽  
Social Security Program ◽  
Analysis Techniques ◽  
Descriptive Research ◽  
Qualitative Descriptive ◽  
The Media

The implementation of public relations in the socialization of the labor social security program at the BPJS Ketenagakerjaan Padang has not been carried out optimally because the socialization carried out does not cover all BPJS Employment stakeholders and socialization media that are underutilized optimally. The purpose of this study was to determine the implementation of public relations in the socialization of the labor social security program at the BPJS Ketenagakerjaan Padang. The method used is Qualitative Descriptive Research. Determination of Informants in this study was carried out with Snowball Sampling Techniques. Data collection is done through Observation, Interview and Documentation, with Model Data Analysis Techniques of Miles and Huberman. The findings in this study indicate that (1) the socialization of the labor social security program is not carried out directly to workers; (2) the lack of awareness of employers registering workers in the BPJS Ketenagakerjaan Padang program; (3) the media for socialization of the labor social security program has not been used optimally.Keyword: Public Relations, Socialization, Employment Social Security

scholarly journals Proses Kampanye Public Relations “Youtube Broadcast Box” Di Media Sosial

Gunahumas ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 56-71
Author(s):  
Merina Lydia Isabella Natashya ◽  
Hanny Hafiar ◽  
Aat Ruchiat Nugraha
Keyword(s):  
Public Relations ◽  
Attitude Change ◽  
Value Of Information ◽  
Brand Strategy ◽  
Brand Experience ◽  
Literature Study ◽  
Purposive Sampling ◽  
The Public ◽  
Public Relations Campaign

ABSTRAK Perkembangan strategi brand suatu produk sekarang ini semakin kreatif dengan menggunakan berbagai media komunikasi untuk dapat mempersuasi publik. Keberadaan suatu brand dapat dikomunikasikan melalui pendekatan emotional feel, attitude change, dan behaviour yang dilakukan terhadap target sasarannya. Youtube sebagai provider yang memiliki peran yang kuat dalam menyimpan data informasi yang paling besar berupa tayangan film dapat memberikan kontribusi untuk membangun dan meningkatkan brand experience produk tertentu. Tujuan penelitian ini adalah untuk mengetahui proses kampanye yang dilakukan oleh Youtube Broadcast Box dalam upaya meningkatkan brand experience terhadap Youtubers Indonesia. Adapun metode penelitian yang digunakan adalah deskriptif dengan teknik pengumpulan data melalui wawancara terstruktur, observasi, dan studi pustaka. Dalam teknik penentuan key informan, penelitian ini menggunakan teknik purposive sampling. Hasil penelitian menunjukkan bahwa proses kampanye public relations yang dilakukan oleh Youtube Broadcast Box telah dapat meningkatkan brand experience para Youtubers Indonesia yang dibuktikan dengan banyaknya kunjungan dari audience yang ingin menonton tayangan di Youtube secara berkelanjutan untuk berbagai kegiatan yang dianggap memiliki nilai informasi bagi publik. Kata Kunci : Kampanye Public Relations, Brand Experience, dan Youtube Broadcast Box ABSTRACT The development of the brand strategy a product now this is getting creative by the use of various media of public communication persuasive. The existence of a brand can be communicated with the emotional feel , attitude change , and behaviour was done with their targets. Youtube as providers having role strong in store data information the greatest of impressions film to give contribution to build and improve brand experience certain products. The purpose of this research is to aware of the campaign done by youtube broadcast box in order to increase brand experience of youtubers Indonesia. As for research methodology used is descriptive to technique data collection through interviews structured, observation, and the literature study. The technique of the determination of key informants, this research using a technique purposive sampling. The research results show that the process of public relations campaign conducted by broadcast box of youtube has been able to increase brand experience the youtubers indonesia which is evidenced by the number of visits from audience who want to watch impressions on youtube in a sustainable way for various activities being regarded as having the value of information to the public. Keywords: public relations campaign, brand experience, and youtube broadcast box

scholarly journals The Guarantees for Accused Persons Under the Article of the European Convention on Human Rights: An Analysis of the Application of the Convention and a Comparison with other Instruments

1996 ◽  
Vol 26 (3) ◽  
pp. 610
Author(s):  
Andrew S Butler
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
International Law ◽  
High Standard ◽  
Case Law ◽  
European Convention ◽  
Criminal Charges ◽  
The Subject

This article is a book review of Stephanos Stavros The Guarantees for Accused Persons under Article 6 of the European Convention on Human Rights: An Analysis of the Application of the Convention and a Comparison with Other Instruments (Martinus Nijhoff, Dordrecht, 1993) 388 pp (including 3 appendices), price (hbk) £87.00. This book is a detailed analysis of the case law of the organs of the European Convention on Human Rights on the interpretation and application of Article 6 of the Convention. That article guarantees fair trial rights in the determination of criminal charges and in the determination of civil rights and obligations. The scope of Dr Stavros' study is the rights of an accused under Article 6. Butler praises Dr Stavros for being thorough in his treatment of both case law and international law, providing a closely argued critique alongside the law presented, and for his general enthusiasm for the subject matter (reflected in the book's readability). Despite its limitations, Butler commends this book's high standard of scholarship overall.

The LOSC as a Package Deal and Its Implications for Determination of Customary International Law

2020 ◽  
Vol 35 (4) ◽  
pp. 704-739
Author(s):  
Xuexia Liao
Keyword(s):  
International Law ◽  
Case Law ◽  
Law Of The Sea ◽  
Not Given ◽  
International Court Of Justice ◽  
Customary International Law ◽  
Court Of Justice ◽  
International Court ◽  
United Nations Convention

Abstract This article revisits the package deal nature of the United Nations Convention on the Law of the Sea (LOSC) and its implications for determining customary international law. A survey of the case law illustrates that the International Court of Justice (ICJ) has not given particular weight to the fact that the LOSC was negotiated and accepted as a package deal. Nevertheless, the ICJ’s declaration that Article 121, paragraph 3 of the LOSC is a customary rule tends to be based on a ‘package deal approach’, which focuses on the textual and logical links between the paragraphs that manifest an ‘indivisible régime’. By exploring the difficulties of determining the customary status of Article 76(2)–(7) concerning the continental shelf beyond 200 nautical miles, which may arise in the pending Nicaragua v. Colombia II case, this article calls for a cautious attitude towards determination of customary rules from the LOSC.

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