Vindicatory Damages in the Child Welfare Tort Cases

<p>This thesis argues that vindicatory damages should be available in the child welfare tort cases against public authorities. These are cases in which the plaintiffs sue public authorities either for not protecting them from harm when they were children, or where it is alleged that the authority’s employees abused the children while in its care. Vindicatory damages would be intended to mark the wrong to the plaintiff, rather than attempting to compensate the consequences. This thesis argues in support of the availability of a separate head of vindicatory damages in tort law, including negligence, and explores some of the liability issues which arise in these cases, including vicarious liability, liability for omissions and liability in negligence for the way in which a statutory power is exercised or for a breach of a statutory duty. New Zealand's accident compensation scheme is also discussed: it is argued that vindicatory damages in tort law should not be barred by the scheme.</p>

Vindicatory Damages in the Child Welfare Tort Cases

<p>This thesis argues that vindicatory damages should be available in the child welfare tort cases against public authorities. These are cases in which the plaintiffs sue public authorities either for not protecting them from harm when they were children, or where it is alleged that the authority’s employees abused the children while in its care. Vindicatory damages would be intended to mark the wrong to the plaintiff, rather than attempting to compensate the consequences. This thesis argues in support of the availability of a separate head of vindicatory damages in tort law, including negligence, and explores some of the liability issues which arise in these cases, including vicarious liability, liability for omissions and liability in negligence for the way in which a statutory power is exercised or for a breach of a statutory duty. New Zealand's accident compensation scheme is also discussed: it is argued that vindicatory damages in tort law should not be barred by the scheme.</p>

Retail vs. мarketplace

Although competitive battles should take place in accordance with the procedure established by law, they are often filled with dishonest behavior. For the most part, this is an area of morality, but under certain circumstances even this is given statutory power. We are talking about abuse of rights (bad faith). A retailer may find itself in this position when competing with marketplaces, especially when a common supplier (official distributor) intervenes in the confrontation.

City residents, scientists and policy-makers: power in co-producing knowledge

The need to merge scientific with societal knowledge in addressing global sustainability challenges has deepened research on a methodology known as co-producing knowledge. It differs from participatory approaches by holding potential for solution-oriented research through sustained relationships with actors across disciplines and sectors. Although there is growing recognition that power shapes interactions in co-producing knowledge, few studies have empirically grounded articulations of power in the context of urban sustainability. This paper draws on case study projects in Africa to discern the forms of power that are navigated by actors when co-producing locally grounded knowledge and solutions for urban sustainability. The projects include: localizing norms on sustainable energy in Kampala city Uganda; confronting coastal vulnerability in Durban South Africa; and upgrading informal settlements in Stellenbosch South Africa. The forms of power across the projects are: expert power by academics; statutory power for policy-makers; and the power of locally-embedded knowledge by city residents. Navigating these forms of power is possible, if boundary objects are used in dialogues on scalable solutions to sustainability challenges. The boundary objects in the case studies are: briquettes from organic waste as alternative cooking energy for households in Kampala; a locally-appropriate costal vulnerability index for visioning sustainable climate action in Durban; and an improved Shack dwelling for improving living conditions in Stellenbosch. These boundary objects interrupted the reproduction of unequal power relations, while demonstrating how hierarchies in co-producing knowledge can be flattened.

France and the United Kingdom

This chapter compares the respective answers of the English and French systems of administrative liability within a wider comparative study that focuses on outcomes. The chapter is in three parts. It first looks briefly at the constitutional and cultural framework in which the rules operate. In France, we find a separate system of administrative courts which handle all questions relating to the administration, including liability, and which have built a sophisticated public law system of non-contractual liability. In the UK, where all questions of liability go to the ‘ordinary’ civil courts, the law is uncodified, and there are gaps in the liability principles. The chapter then looks at basic principles. In France, where the dominant principle is faute de service public, the courts also acknowledge a no-fault principle. In the UK, the strongest form of redress is strict liability for assault, battery, and false imprisonment, but the dominant principle is negligence, and a public authority must owe a duty of care to the claimant to be held liable. In the final part, the chapter answers specific liability questions, making the point that it is often hard to get redress for economic loss. Claimants often fail to get redress for wrongful failures to grant licences or exercise a discretion or statutory power.

16. The Variation of Trusts

This chapter considers issues concerning the process of changing the terms of a trust. It explains that a trustee cannot make any changes in the terms of a trust but the court can confer on the trustees a statutory power to vary the terms of the trust upon application of the trustee or a person beneficially entitled under the trust. This statutory power may not be used to alter any of the beneficial interests under the trust. This chapter also discusses the provisions of the Variation of Trusts Act 1958 which gives the court the power to approve by order any arrangement that revokes or varies a trust or enlarges the powers of the trustees to manage or administer the trust property.

Stop and Search as a Respectful Encounter

In this chapter, there is a shift in focus to the statutory power of the police to stop and search, the controversial status of which is not new. Less well documented, however, is that stop and search is highly relevant to the study of respect, since the practice tends to undermine the value, if not render it conspicuously absent. The chapter is organised as follows. The opening section explores how we might sharpen our critique of stop and search by framing it in terms of respect. Stop and search—a common form of adversarial contact between the police and the public—taps into deep and ingrained tensions between preventive policing, the exercise of coercive state authority, due process, and crime control. Among the most incisive criticisms of the power are its disproportionate and discriminatory exercise in relation to minority ethnic groups, its role in eroding police legitimacy, and the invasion of privacy and violation of bodily integrity necessitated by the search itself. The next section assesses three prominent proposals for the reform of stop and search—procedural justice training for police officers, tighter legal regulation of the power, and abolition—in terms of respect.

Woking of Advisory Boards in Maharashtra State: Serving Human Rights of Felons

Rationale behind construction of a “Sentence Review Board” in any State correctional institution in lies behind the progression of law originating from custodial and penal causes, to reformative and rehabilitative handling of lawbreakers wherein well-behaved and upright conduct, and rectified attitude are considered for as a key criterion for reduction of judicial sentence of imprisonment on personalized footing.In consonance of the statutory power granted, and focusing upon the guidelines issued by “Model Prison Manual 2003” through a notificationon December 1, 2015 the Home Department of the Government of Maharashtra formulated the amending rules to “Maharashtra Prisons (Review of Sentences) Rules, 1972” and restructured the “Advisory Boards,Special Advisory Boards and Medical Committees” constituted for the purpose of “pre-mature release” of the certain categorisedconvicts.As the provision for a premature release is “an executive exercise and not a judicial process”, “executive discretion in granting or denying” it raises certain grey areas in the criminal dispensation system in India. The present paper with an analytical and critical approach attempts to study the existing makeup of executive process of “pre-mature release of a felonwhich though is not a legal right, but is a human right to have his case considered for the grant of remission” in State of Maharashtra