ABSOLUTE HUMAN RIGHTS IN THE FIELD OF HEALTHCARE: LEGAL GROUNDS FOR RESTRICTION

The article examines the legal nature of human rights in the field of health care. It has been substantiated that certain personal inalienable rights of an adult able-bodied patient are derived from the constitutional absolute human rights. These include the right to consent to medical intervention, the right to refuse medical intervention and the right to receive medical information about oneself. The status of law as an absolute constitutional presupposes certain objective differences in the exercise of this right by a person and in the mechanism of intervention of the state and other participants in relations in its exercise. Therefore, the enshrinement of constitutional human rights in special legislation should pursue the goal of providing additional protection of these rights and additional mechanisms for their implementation. In particular, the inclusion of constitutional human rights in civil law should provide additional legal safeguards for respect for the dignity and inviolability of the person in civil relations and additional civil remedies for the exercise of human autonomy in the field of medicine. The author proposes some civil remedies for the patient to exercise their absolute rights.

Substantive Equality Prostitution Law, 1999–2019

The chapter analyzes the impact of Sweden’s substantive equality prostitution law (a.k.a. Nordic Model) as a means of exploring potential challenges to pornography production. Comparisons of prostitution prevalence in Scandinavia, evidence of sex trafficking, sex purchasing, and attitudinal changes in the population are assessed. The law’s reduction of violence and increases in safety in prostitution are documented, along with evidence illustrating the importance of specialized exit programs. Critics, unwarranted skepticism, and symptomatic misinformation from academic sex industry apologists are addressed. Case law, rarely discussed outside Sweden, is critically reviewed, including early precedents that obstructed higher criminal penalties and civil remedies (e.g., damages and public support for prostitution exit). A civil rights amendment is proposed, which could be adopted via judicial interpretation or legislative means. The chapter concludes that comparatively seen, Sweden reduced prostitution extensively while making it safer. Similar effects are hypothesized to hold if the law applied to pornographers.

DO SEQUESTRATION PROCEEDINGS FALL WITHIN THE OVERALL AMBIT OF “ANY PROCEEDINGS” AS STIPULATED IN SECTION 130(3) OF THE NATIONAL CREDIT ACT 34 OF 2005?* Naidoo v Absa Bank Limited [2010] 4 All SA 496 (SCA)

Naidoo v Absa Bank Limited is one of the few cases by a court in which the interface between the insolvency law and the National Credit Act 34 of 2005 arose since the commencement of the latter in 2006. Other cases highlighting this interface include Investec Bank Ltd v Mutemeri (2010 (1) SA 265 (GSJ)) and Ex Parte Ford (2009 (3) SA 376 (WCC). The enactment of the National Credit Act has had significantconsequences for the scope of remedies available to both debtors and creditors in terms of the insolvency law. The National Credit Act did not change the Insolvency Act 24 of 1936 dramatically. Section 84 of the Insolvency Act, which deals with goods delivered in terms of an instalment agreement to a debtor whose estate became subsequently sequestrated, was one section which was changed by the National Credit Act. However, the National Credit Act is now dealing exclusively with certain debts and the enforcement of those debts. These are debts arising out of credit agreements and therefore excluding the application of insolvency law when dealing with such debts. Section 4 of the National Credit Act determines when the Act is applicable. The National Credit Act provides sophisticated measures during a situation when consumers who are parties to credit agreements, which are not exempted from the application of the National Credit Act, are unable to pay their debts. These measures include debt reviewing, the declaration of a credit agreement as reckless credit and debt restructuring (see s 86(7) of the National Credit Act for the recommendations which a debt counsellor maymake after reviewing a consumer’s debts). In all other instances, normal civil remedies such as a garnishee order, sale in execution, an order for payment in instalments and the measures of the insolvency law are still means of redress available to a creditor. It issubmitted that this will not be the only time in South Africa where a possible overlap of remedies available under both insolvency law and under the National Credit Act will be adjudicated. Future motions will either try to enforce the application of the insolvency law or question its application, arguing for the application of the more specialized National Credit Act as seen in Naidoo v Absa Bank Limited.

9. Misrepresentation

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. A contract may include a statement that is a mere puff, a representation, or a contractual term. In the case of a representation, the maker asserts the truth of certain facts and thus induces the contract. In case of an actionable misrepresentation (an unambiguous false statement of fact which induces the other party to enter into the contract), the contract may be rendered voidable; that is, liable to be set aside or rescinded. In some instances, the injured party may claim for damages designed to restore him to his original position. This chapter examines the identification of actionable misrepresentation, duties of disclosure, types of misrepresentations, rescission as a remedy, damages for misrepresentation, including the damages available in s. 2 of the Misrepresentation Act 1967, and the effect of contributory negligence in any damages award. Finally, the chapter examines exclusion of liability for non-fraudulent misrepresentation and the effect of ‘non-reliance’ clauses in contracts. In the consumer context, it also notes the criminal offences in certain instances of misrepresentation under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the extension to include civil remedies for misleading actions.

9. Misrepresentation

Course-focused and comprehensive, Poole’s Textbook on Contract Law provides an accessible overview of the key areas on the law curriculum. False statements of fact that induce a contract are known as actionable misrepresentations. In case of a misrepresentation, there are different legal remedies for breaches of contract. A misrepresentation renders the contract voidable (liable to be set aside using the remedy of rescission) so that the contract will be treated as if it had never been made, whereas a breach of contract will have no effect on the existence of the contract (in the absence of a repudiatory breach that will terminate the contract when future contractual obligations will be discharged). The chapter identifies actionable misrepresentations and, in particular, loss in instances where there is a duty of disclosure in English law. There are three types of actionable misrepresentations, dependent upon the state of mind of the one who makes the false statement: fraudulent, negligent, and innocent. This chapter looks at the legal remedies for actionable misrepresentations such as rescission, the availability of damages for different types of misrepresentations, and the provisions of the Misrepresentation Act 1967. It also examines the effect of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) as amended on this area of law, the criminal offences and civil remedies for consumers, as well as the relationship of misrepresentation to other areas of law. Finally, it looks at clauses that seek to exclude or limit liability for misrepresentation or to deny any actionable misrepresentation, e.g. ‘non-reliance clauses’.

SUSPENSIVE CIVIL REMEDIES FOR THE RIGHTS TO MEANS OF INDIVIDUALIZATION FROM UNFAIR COMPETITION: CIVIL-LAW RATIONALE

The article presents an analysis of the concept and methods of civil protection of rights to the means of individualization. The study provided grounds to identify common features of liability and protection measures: aimed at their impact on the offender; aim to protect the rights and interests of the victim; can be implemented both voluntarily and compulsorily; directly enshrined in law; have a retrospective character; can be used alone or in combination. Distinctive features are also available. The following criteria are defined: the first criterion is the presence of non-equivalent property deprivations in civil liability; the second criterion: invariability of protection measures and variability of liability measures; the third criterion is the temporal (temporal) criterion; the fourth criterion for distinguishing between liability and protection measures are the forms of their implementation. Thus, the study provides grounds to identify common features of liability and protection measures: aimed at their impact on the offender; aimed at protecting the rights and interests of the victim. The study provided grounds to identify common features of liability and protection measures: aimed at their impact on the offender; aim to protect the rights and interests of the victim; can be implemented both voluntarily and compulsorily; directly enshrined in law; have a retrospective character; can be used alone or in combination. Distinctive features are also available. The following criteria are defined: the first criterion is the presence of non-equivalent property deprivation in civil liability; the second criterion: invariability of protection measures and variability of liability measures; the third criterion is the temporal (temporal) criterion; the fourth criterion for distinguishing between liability and protection measures are the forms of their implementation. Thus, the study provides grounds to identify common features of liability and protection measures: aimed at their impact on the offender; aimed at protecting the rights and interests of the victim.Key words: civil - legal protection of rights; means of individualization; intellectual property; unfair competition; measures of responsibility and protection.

The Ethiopian Legal Frameworks for the Protection of Women and Girls from Gender-Based Violence

The objective of this article is to investigate how legal frameworks address gender-based violence in Ethiopia? The research adopted a qualitative approach that utilized secondary sources and reviewed national legal frameworks promulgated and international instruments ratified by Ethiopia. According to this study, Ethiopia, where gender-based violence persistently exists, has adopted insufficient legal frameworks. Still, gender-sensitive legal frameworks shy away from giving a holistic definition to gender-based violence and did not show the scope of the term violence against women in full-spectrum either. Gender-related laws adopted by Ethiopia are inadequate to give civil remedies to those affected by gender-based violence. There are also neither separate domestic violence acts nor any kind of laws adopted to give specific civil remedies for the victims. This is attributable to the absence of comprehensive anti-violence laws in Ethiopia that affect law enforcement from pursuing incidents of violence within marriage and cohabitation on the premise that there are no clear legal provisions.

Civil litigation and court decisions on trademark counterfeiting in China: an empirical assessment

China has long been the World's Walmart of counterfeits, and the remedies in counterfeiting cases have always been criticized as too small to compensate trademark owners. In the year 2013, China revised its trademark law, which increased the cap of statutory damages and incorporated secondary liability clauses into the law. Does the change of law bring any changes to the remedies granted in counterfeiting civil cases? What are the factors affecting court decisions? Relying on more than 800 civil cases in trademark counterfeiting, this article empirically studies the case characteristics and court decisions to understand the case outcomes and litigation scenario. It reveals the characteristics of civil litigation and factors affecting court decisions on trademark counterfeiting in China. Though there is some literature on remedies in trademark cases, very few analyses focus on courts' legal reasonings or the changes in civil remedies after the law revision. This article tries to fill in this gap, looking through the lens of the law on the books – the law revisions – and the law in practice – the court decisions.

Interim Measures in the Civil Proceedings in England: the Concept and Certain Types

Introduction: the legal institutions aimed at creating conditions for the efficiency of justice are now the subject of attention in the field of civil proceedings. This includes the institution of interim measures. The legal regulation of interim measures in the civil proceedings in England has been actively developing for several decades and today is of considerable interest to business, science and legal practice. The purpose of the research is to analyze the concept and features of the legal regulation of the main types of interim measures that can be of interest for forming the ideas about the possibilities of development of the Russian civil process. The obtained research results are based on the analysis of the normative provisions of Civil Procedure Rules 1998, the Senior Courts Act 1981, relating to the powers of the courts, the grounds and procedure for applying interim measures in the civil proceedings. The examples of judicial practice and the opinions of the researchers and practitioners are considered. The paper considers the general features of the legal institutions of interim measures in England and Russia and the peculiarities of understanding the legal possibilities of interim measures in the civil proceedings in England. Conclusions: the experience of England in solving the issues of ensuring the efficiency of civil remedies is of interest for both Russian legal science and practice. The study shows that there are specific features of the approach to the functioning of interim measures. This includes a fairly large amount of judicial discretion, a preliminary guarantee of compensation for the defendant’s losses, and mostly voluntary enforcement of the court requirements. The legal experience of England may be of interest for discussing the ways to improve the domestic procedural regulation of interim measures.