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Journal articles on the topic 'Compensation and Liability Act'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

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1

Jalan, Pranay. "THE INCIDENCE OF SAFETY REGULATION ON COVID-19 COMPENSATION CLAIMS." GNLU Journal of Law & Economics 3, no. 1 (2020): 129–39. http://dx.doi.org/10.69893/gjle.2020.000018.

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The Employees’ Compensation Act, 1923, (Act), is the first piece of social security legislation towards providing for speedier, simpler, cheaper and efficient machinery for the determination and payment of compensation to the workmen. The Act is modelled on the premise of a no fault liability principle, and a liability for payment of compensation under the Act does not accrue due to any fault or wrong doing on the part of an employer. Rather, the compensation is contingent on an employee (victim) showing that an injury arose out of and in course of the employment or in certain occupational dis

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Jalan1, Pranay. "THE INCIDENCE OF SAFETY REGULATION ON COVID-19 COMPENSATION CLAIMS." GNLU Journal of Law & Economics 3, no. 1 (2021): 129–39. http://dx.doi.org/10.69893/gjle.000018.

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The Employees’ Compensation Act, 1923, (Act), is the first piece of social security legislation towards providing for speedier, simpler, cheaper and efficient machinery for the determination and payment of compensation to the workmen.2 The Act is modelled on the premise of a no fault liability principle, and a liability for payment of compensation under the Act does not accrue due to any fault or wrong doing on the part of an employer.3 Rather, the compensation is contingent on an employee (victim) showing that an injury arose out of and in course of the employment or in certain occupational d

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3

Tarasova, E. V. "Public Danger and Exemption from Criminal Liability in Connection with Compensation for Damage." Rossijskoe Pravo Obrazovanie Praktika Nauka, no. 5 (January 25, 2025): 58–65. https://doi.org/10.34076/2410-2709-2024-143-5-58-65.

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The author explores the relationship of exemption from criminal liability with public danger. The structure of the specified category is revealed, which includes the danger of a person and the danger of an act, and the essence of each element is established. The author argues that due to the positive actions committed by the perpetrator in the post-criminal period (including compensation for damage), only the person himself can lose his public danger, but not the act he committed. In this regard, it is necessary to establish the fact that a person lost his public danger in all cases of exempti

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Wibisana, Andri G., and Pramita K. Putri. "ANALISA LAW AND ECONOMICS ATAS KOMPENSASI DAN ASURANSI LINGKUNGAN DI INDONESIA: SEBUAH KRITIK ATAS KOMPENSASI TANPA SISTEM." Jurnal Hukum & Pembangunan 39, no. 4 (2009): 531. http://dx.doi.org/10.21143/jhp.vol39.no4.289.

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AbstractCompensation mechanisms and liability are an important part in environmental management. Compensation, through liability or other mechanisms, provides not only protection for the victims of environmental damage, but also incentives for the potential polluters 10 lake an ex anteoptimal level of care. ideally, compensation should be first provided through liability (combined with liability insurance). If this system does not work properly, alternatives to liability insurance, i.e. risk-sharing agreement,first-party insurance, and environmental damage insurance, should be developed. Final

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Lee, Hoon, and DongLyoul Kim. "A Study on Municipal Liability and Consent-Decree: A Focus on Police Civil Liability in the United States." Korean Association of Public Safety and Criminal Justice 32, no. 3 (2023): 345–72. http://dx.doi.org/10.21181/kjpc.2023.32.3.345.

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In order to file a suit under State Compensation Act in Korea, a plaintiff must prove that public officials or private persons entrusted with public duties inflict damage on other persons “by intention or negligence” in performing their official duties in violation of the statutes. The Constitutional Court of Korea has confirmed that the requirement of public officials’ intention or negligence in State Compensation Act does not violate Article 29 of the Constitution of the Republic of Korea. In the recent two tragic incidents of Itaewon and Osong, state government and municipalities’ inadequat

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Peyer, Sebastian, and Rob Heywood. "Walking on thin ice: the perception of tortious liability rules and the effect on altruistic behaviour." Legal Studies 39, no. 2 (2019): 266–83. http://dx.doi.org/10.1017/lst.2018.39.

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AbstractLaypeople are often deterred from undertaking altruistic acts, assuming that they face a risk of negligence liability should they injure others while helping. We argue that the laypeople's interpretation of the law does not correspond with the courts’ interpretation of negligence liability. Reviewing the case law, we demonstrate that the courts treat such cases with leniency in the spirit of the Compensation Act 2006, s 1 and the Social Action, Responsibility and Heroism Act (SARAH) 2015, s 2. Thus, the negligence liability rules do not offer a sufficient explanation for the widely-hel

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Lee, Robert, and Radek Stech. "Compensation for harm caused by nuclear installations: what’s the damage?" Journal of Property, Planning and Environmental Law 10, no. 1 (2018): 17–35. http://dx.doi.org/10.1108/jppel-06-2017-0020.

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Purpose This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is some welcome clarification of what amounts to an “occurrence” in the purposes of the 1965 Act, disappointingly, little has been done to clarify how concepts of personal injury and property damage under the Act sit alongside traditional tort notions leaving the law highly dependent on earlier, but not always consistent, case law. The paper then goes on to consider the impact of the new categories of co

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Kia, Behrouz, Saleh Rezaei Pishrobat, and Mohammad Musazadeh. "Analysis of Principles of Nuclear Damage Compensation in International Conventions and Customary Law." Interdisciplinary Studies in Society, Law, and Politics 4, no. 2 (2025): 159–69. https://doi.org/10.61838/kman.isslp.4.2.14.

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Nuclear energy presents immense potential as a sustainable energy source but also poses significant risks of catastrophic damage in the event of accidents. Addressing the legal challenges associated with compensating for nuclear damage requires a cohesive framework that balances accountability, victim compensation, and environmental protection. This article critically examines the comparative dimensions of international conventions and customary international law governing nuclear liability. It analyzes key frameworks such as the Paris and Vienna Conventions, as well as customary principles li

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Fujiansyah, Septian. "STRICT LIABILITY ATAS PERBUATAN MELAWAN HUKUM DITINJAU DARI FILSAFAT HUKUM." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 22, no. 3 (2023): 403–20. http://dx.doi.org/10.30743/jhk.v22i3.6985.

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Abstract The concept of unlawful acts (PMH) in the Civil Code does not explicitly describe the phrase regarding PMH. It is known that if you look at the contents of the provisions of Article 1365 of the Civil Code, it can be seen that the article does not provide a formulation regarding unlawful acts, but only regulates how a person suffers losses due to an unlawful act. unlawful acts committed by other people can file a lawsuit against him. compensation. For this reason, from a legal point of view, it is necessary to study the intent of the act which is included in the category of unlawful ac

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Kuniewicz, Zbigniew, and Adriana Tomczyk. "Liability of a Court Enforcement Officer and the State Treasury For Damage Caused in The Performance of A Court Enforcement Officer Duties." Ius Novum 18, no. 4 (2024): 51–63. https://doi.org/10.2478/in-2024-0030.

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Abstract The purpose of this article is to clarify doubts surrounding the liability of the court enforcement officer and the State Treasury for damages under Article 36 of the Act on Court Enforcement Officers. It considers the constitutional model of liability for damages caused by unlawful actions of a public authority, as well as civil law regulations concerning the general rules for compensating damage. The conclusions drawn from the discussion in this article include, inter alia, the following findings: (i) Article 36 CEOA provides an independent basis for the tort liability of a court en

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Kim, Jae-Kwang. "Legislation of Managerial Responsibility for Coastal Erosion." Korean Public Land Law Association 103 (August 31, 2023): 21–58. http://dx.doi.org/10.30933/kpllr.2023.103.21.

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Today, the coast is recognized as an essential space for national welfare. That's because the coast provides important ecological habitats and natural resources, and at the same time half of the population provides ports, harbors and bases for several industries. Recently, the coastal erosion is becoming national issue nationwide. Coastal erosion can be caused by both natural and artificial causes. The main natural causes of coastal erosion were the influence of waves, currents, wind etc., and in recent years, erosion has been intensified due to sea level rise and wave changes caused by

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Jeong, Ha Myoung. "The U.S FTCA’s the Discretionary Function Exception and Its Implication." Institute for Legal Studies Chonnam National University 43, no. 2 (2023): 317–40. http://dx.doi.org/10.38133/cnulawreview.2023.43.2.317.

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On July 14, 2022, the Supreme Court of Korea made a ruling on the “state compensation claim case due to overcrowded incarceration.”(Korean Supreme Court Decision No. 2017Da266771) One ex-prisoner, recognized the overcrowded confinement period as 186 days, was awarded 1.5 million Korean Won in state compensation and the other ex-prisoner, recognized the overcrowded confinement period as 323 days, was awarded 3 million Korean Won in state compensation. The Supreme Court of Korea acknowledged the state’s damages liability based on the violation of ‘dignity and value as a human being’ Sect. 10 of

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Osmanova, Almaz. "International Practice of Compensation for Damage Caused by Environmental Violations in the Management of Tailings Storage Facilities and Waste Dumps." Grassroots Journal of Natural Resources 8, no. 1 (2025): 964–88. https://doi.org/10.33002/nr2581.6853.080141.

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The purpose of the study is to examine and standardise international practices for compensating for environmental damage caused by violations in the management of tailings storage facilities and waste dumps. The study identifies effective compensation mechanisms used in Brazil, Canada, Hungary, the United States, Australia, and European Union countries and analyses various approaches to damage assessment and compensation. It reviews key frameworks such as the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund), the FY 2022–2026 Strategic Plan of the Environmental

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Abdul, Azis Muhammad, and Sodikin. "The Concept of Unlawful Act with the Strict Liability Model in Consumer Dispute Resolution in Indonesia." INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 07, no. 02 (2024): 480–87. https://doi.org/10.5281/zenodo.10629800.

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Law Number 8 of 1999 concerning Consumer Protection regulates legal efforts to resolve consumer disputes through the courts. The lawsuit for damages is based on an unlawful act. The problem is how the concept of unlawful acts is a strict liability model for demanding compensation. The research method used is normative legal research. The results of this study explain that legal remedies through the concept of unlawful acts with this absolute liability model are by interpreting Article 19 paragraphs (1) and (3) of Law Number 8 of 1999. The concept of an unlawful act with a strict liability mode

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Vio, Igor. "Compensation for Damages Caused by Death, Personal Injury or Health Impairment of Seamen in Croatian Law." Journal of Maritime & Transportation Science 61, no. 1 (2021): 105–31. http://dx.doi.org/10.18048/2021.61.08.

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The paper deals with the Croatian legal framework regulating civil liability for damages caused by personal injury, health impairment and loss of life of seafarers. Although the basic rules concerning the basis of liability, circle of liable persons and applicable law are provided by the Maritime Code of the Republic of Croatia, when it comes to regulations on various types and amount of compensation for damages suffered by crew members, the relevant provisions are contained in the Civil Obligations Act. The first part commences with the overview of the types of compensation, which are natural

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NAKAHARA, Taro. "Artificial Intelligence and Civil Liability - Current Theoretical Situation in Japan." Korean Association of Civil Law 109 (December 31, 2024): 447–504. https://doi.org/10.52554/kjcl.2024.109.447.

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Faced with the development of the artificial intelligence-based technologies, do we need to modify our civil liability (tort liability) system or compensation system in general? Although an AI system has several features compared to other technologies, it is its “autonomy” which poses the essential question whether a harm caused by its output can be attributed to a human. The aim of this paper is to overview and to analyze the current theoretical situation regarding this topic in Japan. Just like in other countries, the adaptability of the existing civil liability regime to the accidents cause

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Wu, Chao, and Nigel Carden. "OIL SPILLS AND FINANCIAL RESPONSIBILITIES1." International Oil Spill Conference Proceedings 2001, no. 2 (2001): 1337–40. http://dx.doi.org/10.7901/2169-3358-2001-2-1337.

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ABSTRACT Under the international convention system for oil spill liability and compensation, shipowners and oil cargo owners are sharing the costs of oil pollution (cleanup and damages). While the industries find the burden of financial liability too heavy, the compensation provided through the Conventions (Civil Liability Conventions and Fund Conventions [CLCs/FCs]) has become increasingly insufficient to satisfy the total admissible claims. What has to be done? Increase the financial liability of the responsible parties? Let the victims of pollution shoulder part of their uncompensated claim

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Samofalov, O. L. "CIVIL LIABILITY OF PERSONNEL OF THE STATE CRIMINAL AND EXECUTIVE SERVICE OF UKRAINE." Scientific Herald of Sivershchyna. Series: Law 2024, no. 2 (2024): 82–91. http://dx.doi.org/10.32755/sjlaw.2024.02.082.

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The article analyzes the basic concepts and grounds of civil liability, both in the general sense and for the personnel of the SCES (State Criminal and Executive Service of Ukraine). The author reveals the content and methods of compensation for damage caused by an offense during service by persons of the rank and command staff of the SCES of Ukraine. The civil liability of persons of the rank and command staff of the SCES of Ukraine is one of the types of legal liability that arises for the commission of a civil offense, which is understood as an unlawful act or omission of a person that viol

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Poláček, Bohumil. "International Air Carriage Liability." Časopis pro právní vědu a praxi 27, no. 4 (2019): 491. http://dx.doi.org/10.5817/cpvp2019-4-4.

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Air carriage liability for damage represents an essential issue of national and international transport, therefore it is regulated by national law (this article emphasizing Czech law), EU law and international law. Czech regulation consists of provisions of the Civil Code and the Aviation Act, mainly concerning operator’s liability. Several key Regulations, representing EU law, cover many aspects, for example compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights. The Montreal Convention introduced two tiers of liability and the f

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Dalal, Kashvi. "PRODUCT LIABILITY AND CONSUMER PROTECTION ACT 2019." Indian Journal of Law and Society III, no. 1 (2025): 81–91. https://doi.org/10.5281/zenodo.15107666.

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<strong>ABSTRACT</strong> <em>It is estimated that millions of individuals globally are negatively impacted by such products, leading to substantial financial compensation paid by manufacturers or sellers in the form of product liability insurance and damages. This phenomenon is underpinned by a common-law principle known as "caveat venditor," or "let the seller beware," which places the onus of responsibility on the seller regarding the consumer's issues with the product.  Product liability delineates the responsibilities of producers to compensate for injuries caused by defective items

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Ranavaya, Mohammed I., and James B. Talmage. "Impairment and Disability Compensation Systems in the United States." Guides Newsletter 4, no. 6 (1999): 1–13. http://dx.doi.org/10.1001/amaguidesnewsletters.1999.novdec01.

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Abstract Although several states use the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) when they evaluate individuals with impairments and disabilities, various disability systems exist in the United States. Disability and compensation systems have arisen to ensure that disadvantaged members of society with a medically determinable impairment, which may lead to a disability, have recourse to compensation from various sources, including state and federal workers’ compensation laws, veterans’ benefits, social welfare programs, and legal avenues. Each of these has differing de

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MARKHAM LESTER, V. "THE EMPLOYERS' LIABILITY/WORKMEN'S COMPENSATION DEBATE OF THE 1890s REVISITED." Historical Journal 44, no. 2 (2001): 471–95. http://dx.doi.org/10.1017/s0018246x01001856.

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Historians have praised Joseph Chamberlain's workmen's compensation act of 1897, the foundation of Britain's modern insurance-based compensation scheme for on-the-job injuries, as a forward-looking social programme of great benefit to workers. By contrast, the Liberals' support of the option of potential unlimited employer liability for worker injuries has been viewed as unimaginative and a failure of political leadership at a crucial juncture in the history of the Liberal party's relationship with labour. This article re-examines the employers' liability/workmen's compensation debate of the 1

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SMITH, MARTIN H. "National Childhood Vaccine Injury Compensation Act." Pediatrics 82, no. 2 (1988): 264–69. http://dx.doi.org/10.1542/peds.82.2.264.

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The past four decades have been years of phenomenal progress in all of medicine, yet in terms of numbers of lives saved or in years of productive lives spared, nothing has equaled the record of preventative pediatrics, specifically, our national immunization program. In the past several years, however, this immunization program has almost fallen into shambles. The sources of this reversal would have been from vaccine liability leading to exorbitant costs or loss of supply of vaccines. In the 1970s and 1980s, a series of crises that were only narrowly averted threatened interruption of the nati

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Al Dajeh, Bakhit Moh’d. "The Legal Issues of Contractual Liability for the Act of the Thing “Comparative Study”." Journal of Ecohumanism 3, no. 7 (2024): 2169–76. http://dx.doi.org/10.62754/joe.v3i7.4366.

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Civil liability is based on a fundamental principle that anyone who causes harm through their fault is obligated to provide compensation. The essence of this principle is that an individual is held accountable only for their personal conduct, even if it takes the form of omission, particularly within the scope of contractual liability. However, there are always exceptions to the rule. Does an individual bear responsibility for the actions of objects used in the execution or hindrance of a contract, or for causing harm to the creditor, such as tools, means, or machinery used in conjunction with

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Shin, Jeong-hoon, and Choon-won Lee. "A Study on the Nuclear Liability ACT for the Effectiveness of Land Price Compensation." Korea Association Of Real Estate Law 27, no. 1 (2023): 53–75. http://dx.doi.org/10.32989/rel.2023.27.1.53.

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In July 2022, the Tokyo District Court of Japan ruled that JPY 13.321 trillion should be compensated to TEPCO in a JPY 22 trillion lawsuit filed by TEPCO shareholders against five former executives of TEPCO in connection with the Fukushima nuclear accident. It is estimated that JPY 35 to 81 trillion and JPY 68 to 114 trillion will be needed for reconstruction costs over the next 40 years due to the actual accident management caused by the serious accident. In this way, serious accidents that occur in nuclear power plants cause great damage in the long term and wide area. Currently, Korea is op

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Abdelgafoor Al-Amawi, Mohammad, and Heba Salem Abujama'a. "The Extent of the Possibility of Combining the Two Civil Liability Systems in the Jordanian Civil Law." Journal of Arabian Peninsula Centre for Educational and Humanity Researches 1, no. 10 (2021): 26–48. http://dx.doi.org/10.56793/pcra2213102.

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The purpose of this study was at investigate the impact of the overlapping of the two civil liability systems; in which were the elements and components of contractual civil liability and the harmful act (Torts) are combined in one act, and the resulting problematic emergence of this: the combination between these two systems, and the convergence of two ways of compensation. The two researchers used the descriptive analytical/inductive approach based on depicting and highlighting the current situation and status of the problem of the study from all its aspects, In this study, the researchers f

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Vostatek, Jaroslav. "Social Workers’ Compensation Models and the Czech Statutory Employer Liability Insurance." DANUBE 11, no. 1 (2020): 16–33. http://dx.doi.org/10.2478/danb-2020-0002.

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Abstract Czech workers’ compensation is “exemplified” by the adoption of the Worker’s Accident Insurance Act in 2006, four deferments of its effective date and then complete annulment of the Act. A temporary settlement aimed at resolving the incompatibility of the communist model of workers’ compensation for work accidents and occupational illnesses with the transition to a market economy after 1989 involved the implementation of statutory employer liability insurance for work accidents and occupational illnesses, outsourced to two private insurance companies; the current Czech government does

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Wolak, Grzegorz. "The issue of claims for compensation under Article 18(1) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, Commune Housing Resources and Amendments to the Civil Code." Nieruchomości@ III, no. III (2021): 33–61. http://dx.doi.org/10.5604/01.3001.0015.2476.

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The paper briefly outlines some selected issues regarding claims for compensation against a person occupying residential premises without a legal title under Article 18(1) of the Act of 21 June 2001 on the Protection of Tenants’ Rights, Commune Housing Resources and Amendments to the Civil Code. The nature of the compensation and the obligation to pay the same, the nature of liability for damage on the part of the person occupying residential premises without a legal title as well the right of action to pursue claims under Article 18(1) of the above-mentioned Act have been discussed.

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Engkuchik, Engku N. S., and Halil D. Kaya. "The Impact of the Sarbanes-Oxley Act on Takeover Protection Provisions." Journal of Ecohumanism 3, no. 6 (2024): 760–72. http://dx.doi.org/10.62754/joe.v3i6.4048.

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We investigate the effects of the Sarbanes-Oxley (SOX) Act on corporate governance metrics, such as the takeover protection provisions and the governance index (G-index). We look at provisions related to takeover protection such as severance agreements, indemnity contracts, golden parachutes, compensation schemes, director liability and indemnity. We examine the effects of SOX between the two periods, designating the 1998–2000 timeframe as the pre–SOX period and the 2002–2004 timeframe as the post–SOX period. Then, in order to determine whether these provisions were affected in any way after 2

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Park, Sirl A. "A Study on the Requirements for State Compensation Liability – Focusing on the Criterion of “Loss of Objective Justifiability” –." Korean Association of Civil Law 109 (December 31, 2024): 315–52. https://doi.org/10.52554/kjcl.2024.109.315.

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This paper examines the “loss of objective justifiability” criterion, as presented in legal precedents, which has emerged as a core requirement for state compensation liability in South Korea. It explores the background of its introduction and the subsequent issues arising from its application. This criterion serves as a standard for determining public officials' illegality and negligence under Article 2 of the State Compensation Act. Legal precedents from the Supreme Court reveal a tendency to use this criterion to limit the scope of state liability for damages. Specifically, even when the il

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SUNG, Duk Keun. "A Study of Civil Liability Related to Autonomous Vehicles -Focusing on the Automobile Accident Compensation Guarantee Act and the Product Liability Act-." Justice 205 (December 31, 2024): 64–114. https://doi.org/10.29305/tj.2024.12.205.64.

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Gilead, Israel. "“Coase Theorem”, Competitive Market and Products Liability Law." Israel Law Review 20, no. 1 (1985): 39–48. http://dx.doi.org/10.1017/s0021223700008591.

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According to the famous “Coase Theorem”, market forces, under given conditions, will automatically, without any external intervention, bring about an efficient allocation of resources. These conditions, necessary for the smooth operation of the “invisible hand” which leads to efficiency, are denoted as “absence of transaction costs”, as the presence of transaction costs may impede this desired process. The main legal implication outlined by Coase is that absent transaction cost, there is no need, and no place, from an efficiency point of view, for liability rules: resource allocation would be

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Anifalaje, Kehinde. "A social security perspective of employees’ compensation law in Nigeria." Journal of Corporate and Commercial Law & Practice, The 7, no. 2 (2021): 45–82. http://dx.doi.org/10.47348/jccl/v7/i2a3.

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The article examines the adequacy of the Employees’ Compensation Act of 2010 of Nigeria in respect of coverage, financing, entitlement to compensation and benefit structures through the prism of social security and in light of the International Labour Organization’s minimum standards as set out in the relevant Conventions on social security, and comparative best practices. It is argued that the Act marks an important milestone in the annals of work injury compensation in Nigeria, especially given the conversion of the erstwhile individual employer-liability scheme into a social insurance schem

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Tuminaro, Amelia. "Is There Hope for the Global Environment? A Discussion of Prospective Parent Corporation Liability for a Subsidiary's Environmental Practices Abroad." NEW SOLUTIONS: A Journal of Environmental and Occupational Health Policy 13, no. 2 (2003): 173–89. http://dx.doi.org/10.2190/kvaj-1wh4-tdfy-4994.

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U.S. parent corporations should be held liable for environmental pollution caused by their foreign subsidiaries. The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) already holds parent corporations liable in some ways for pollution caused by domestic subsidiaries. Regulations similar to CERCLA's could be applied extraterritorially and would be facilitated by abrogation of two common law principles: limited liability and forum non conveniens. Extraterritorial application of U.S. environmental regulations would greatly enhance transnational corporations' environmen

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Lamb, Barbara L., and David M. Bovet. "An Update on the Oil Pollution Act of 1990." Marine Technology and SNAME News 32, no. 02 (1995): 151–57. http://dx.doi.org/10.5957/mt1.1995.32.2.151.

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The Oil Pollution Act of 1990 (OPA 90) is significantly impacting the business of U.S. and international tanker owners engaged in the U.S. trades. This paper delineates the affected segments of the oil shipping industry, the salient regulatory elements stemming from OPA 90, the financial and operational impacts that result, and the strategic implications for the shipowner. Regulatory areas addressed include liability and compensation, financial responsibility, new ships, existing vessels, and vessel response plans. Originally presented in April, 1993, this paper has been updated for publicatio

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Lee, Seokwoo. "The Sewol Ferry Disaster in Korea: Liability and Compensation Issues." International Journal of Marine and Coastal Law 32, no. 1 (2017): 173–81. http://dx.doi.org/10.1163/15718085-12341427.

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On 16 April 2014, the Sewol Ferry sank off the coast of Jindo, Korea, resulting in the deaths of 304 passengers. The Korean government enacted the ‘Sewol Ferry Special Act’ to provide special forms of compensation to victims by the State. It permits the Korean government to subrogate the claims of the victims and to take action against the private persons and public agencies at fault for the sinking of the Sewol. But problems have arisen because of the complexities of insurance law and the difficulties of identifying the respective degrees of fault between the responsible parties.

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Bartrip, P. W. J. "Beveridge, Workmen's Compensation and the Alternative Remedy." Journal of Social Policy 14, no. 4 (1985): 491–511. http://dx.doi.org/10.1017/s0047279400014999.

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ABSTRACTThe passing of the Workmen's Compensation Act 1897 did not affect an injured worker's rights to sue for damages at common law or under the Employers' Liability Act 1880. However, the evidence suggests that these alternative remedies declined in importance until the 1930s when certain court decisions and acts of Parliament gave them renewed significance. For several reasons Beveridge was antipathetic towards unmodified retention of the alternative remedy, but he proposed the establishment of an official committee for the purpose of making a full inquiry. As a result, the Home Secretary,

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Taylor, Simon. "Clinical Negligence Reform: Lessons from France?" International and Comparative Law Quarterly 52, no. 3 (2003): 737–47. http://dx.doi.org/10.1093/iclq/52.3.737.

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On 4 March 2002, the French legislature enacted the ‘Patients’ Rights & Quality of the Health System Act’ which introduces reforms in the relationship between the medical profession and the patient.1 As part of this wider reform, Part IV of the Act establishes a new system for the compensation of victims of medical accidents. The new legislation retains the traditional liability rules but puts in place a parallel system which aims to guarantee compensation for serious accidents, whether or not the accident is caused by negligence, without the need to resort to litigation in these cases. Th

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Yoon, Yonghee. "The Impacts and Implications of CERCLA on the Soil Environmental Conservation Act of the Republic of Korea." Transnational Environmental Law 6, no. 1 (2015): 11–29. http://dx.doi.org/10.1017/s2047102515000266.

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AbstractThis article explores the development and enforcement of the Republic of Korea’s Soil Environmental Conservation Act (SECA). It argues that, although Korea has adopted the statutory model of the United States (US) Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and US case law, it has formulated SECA to devise a Korean model of an effective and reasonable liability scheme based on the Korean regulatory context. The original SECA, especially its retroactive liability provision, was declared unconstitutional by the Constitutional Court of Korea, because it

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Bovet, David M., and Charles R. Corbett. "The Oil Pollution act of 1990: Key Provisions and Implications." International Oil Spill Conference Proceedings 1991, no. 1 (1991): 695–97. http://dx.doi.org/10.7901/2169-3358-1991-1-695.

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ABSTRACT The Oil Pollution Act of 1990 establishes a system of oil spill liability, compensation and financial responsibility at levels not contemplated prior to the Exxon Valdez incident. Furthermore, it does so while preserving states’ prerogatives and rejects the international solution embodied in the 1984 Protocols to the 1969 Civil Liability and 1971 Fund Conventions. The act requires new contingency planning by both industry and government and sets new construction, manning, and licensing requirements. It increases penalties, broadens enforcement responsibilities of the federal governmen

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Wulandari, Purnomo, and Sri Endah Wahyuningsih. "The Strict Liability by Corporate in Enforcement of Environmental Law." Law Development Journal 2, no. 4 (2021): 477. http://dx.doi.org/10.30659/ldj.2.4.477-488.

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The purpose of this study is to determine and describe the strict liability of corporations in environmental law enforcement. The research method used is a normative juridical approach and is descriptive analytical in nature. The data used in this research is secondary data, which is obtained through literature study and analyzed to obtain qualitative data. The conclusion of this study is that strict liability is an accountability without an element of error, where the element of error does not need to be proven by the plaintiff as a basis for compensation payments. The perpetrator or polluter

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Maydanyk, Roman А., Nataliia І. Maydanyk, and Maryna M. Velykanova. "Liability for damage caused using artificial intelligence technologies." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 2 (2021): 150–59. http://dx.doi.org/10.37635/jnalsu.28(2).2021.150-159.

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Artificial intelligence technologies, which have recently been rapidly developing, along with indisputable advantages, also create many dangers, the implementation of which causes harm. Compensation for such damage raises questions regarding the subjects, the act in itself which caused the damage, the causality, etc. The situation is also complicated by the imperfection of statutory regulation of relations on the use of artificial intelligence technologies and the insufficiency or ambiguity of judicial practice on compensation for damage caused using digital technologies. Therefore, the purpos

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Jeffery, Michael I., and Xiaobo Zhao. "Developing a National Contaminated Land Liability Scheme in China: the Comprehensive Environmental Response, Compensation, and Liability Act Revisited." Journal of Energy & Natural Resources Law 30, no. 4 (2012): 423–65. http://dx.doi.org/10.1080/02646811.2012.11435305.

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Lee, Jae Mok, and Hyeon Su Kim. "Synthetic Biology and Civil Responsibility." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 13, no. 2 (2022): 207–32. http://dx.doi.org/10.34267/cbstl.2022.13.2.207.

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This paper deals with issues related to the concept and characteristics of synthetic biology(engineering biology), its usefulness and risks, the regulation and management of risks, and the relief of damages caused by the manifestation of risks. In particular, civil liability issues that may arise in the course of synthetic biology research and its industrialization were reviewed. Due to the nature of synthetic biology, it is realistically impossible to prevent all damages incurred in the process even if the operator of the technology fulfills the duty of care in operation. Damage relief

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Williamson, Shanti. "Strict Liability for Medical Products: Prospects for Success." Medical Law International 5, no. 4 (2002): 281–304. http://dx.doi.org/10.1177/096853320200500403.

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The premise of product liability reform has been that strict, rather than fault based liability, is the most equitable means of compensating personal injuries. The movement for reform was instigated, in part, by the tragedy of Thalidomide. The difficulties faced by claimants seeking compensation in negligence were substantial, especially in respect of claims involving medical products. The introduction of a regime of strict liability by Directive 85/374/EEC, and its implementation in the United Kingdom by Part I of the Consumer Protection Act 1987, were intended to ameliorate some of these dif

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Glumińska-Pawlic, Jadwiga, and Ewelina Żelasko-Makowska. "Public liability of managers medical entities – selected problems." Gubernaculum et Administratio 27, no. 1 (2023): 11–28. http://dx.doi.org/10.16926/gea.2023.01.01.

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Medical entities are, m.in. entrepreneurs within the meaning of the provisions of the Act – Entrepreneurs’ Law, who conduct business activity in all forms provided for its performance. The person authorized to manage such an entity and represent it externally is its manager, who may be a natural person, as well as the management board of a capital company. The entity authorized to manage a medical entity is liable under public law. Liability means an adverse effect for an entity that has violated certain legal norms by its actions, negligence or recklessness. In such a case, it is a question o

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Aldweikat, Nasri. "Tort Liability for Damages of Artificial Intelligence Robots in The Jordanian Civil Law." Al-Zaytoonah University of Jordan Journal for Legal Studies 3, no. 3 (2022): 232–52. http://dx.doi.org/10.15849/zujjls.221130.12.

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Abstract This research aims to shed light on the general provisions resulting from the harmful act (tort liability) and their applicability and actions to the harmful act for the damage resulting from artificial intelligence embodied in smart robots, as this research sought to clarify the concept of artificial intelligence embodied in robots and its legal nature, as the goal The research aims to determine the subjectivity of the damage caused by robots, which is reflected in its determination of the extent to which compensation is permissible when establishing responsibility for the harmful ac

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Putri, Windy Virdinia, and Danang Wahyu Muhammad. "RES IPSA LOQUITUR: APPLICATION IN PRODUCT LIABILITY." Jurnal Bina Mulia Hukum 8, no. 1 (2023): 144–57. http://dx.doi.org/10.23920/jbmh.v8i1.1255.

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Consumers who experience loss, injury, or death due to a damaged or defective product can claim compensation. However, the difficulty of proof is a scourge for consumers. In law, the doctrine of res ipsa loquitur was introduced, which in English means that things speak for itself. Based on the doctrine, the law presumes a presumption of negligence which can then be applied to the reverse burden of proof. This study examines the principle of product responsibility in the Consumer Protection Act and the application of the res ipsa loquitur doctrine in product liability. This research is normativ

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Tsimplis, Michael. "Liability and Compensation in the International Transport of Hazardous Wastes by Sea: The 1999 Protocol to the Basel Convention." International Journal of Marine and Coastal Law 16, no. 2 (2001): 295–346. http://dx.doi.org/10.1163/157180801x00090.

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AbstractThe export of hazardous wastes has been recognised by the international community as a dangerous trade which must be minimised and regulated. The 1989 Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal is a widely ratified international agreement for the environmentally safe transport of hazardous wastes. The 1999 Liability and Compensation Protocol significantly improves the 1989 Basel Convention regime by establishing strict liability with minimum financial limits and, unlimited, fault-based liability for damages arising out of the c

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Mensah, George Benneh, Maad M. Mijwil, and Mostafa Abotaleb. "Examining Ghana's National Health Insurance Act, 2003 (Act 650) to Improve Accessibility of Artificial Intelligence Therapies and Address Compensation Issues in Cases of Medical Negligence." Mesopotamian Journal of Computer Science 2024 (March 2, 2024): 28–33. http://dx.doi.org/10.58496/mjcsc/2024/003.

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Objective: Examine Ghana’s National Health Insurance Act (Act 650) to identify coverage gaps limiting artificial intelligence (AI) therapy access and address medical negligence liability issues surrounding automated healthcare systems.  Methods: Legal and regulatory analysis of Act 650 were conducted, review of academic literature on global uptake of AI interventions and medical negligence principles were elucidated, examination of case studies implementing pilot AI therapy programs under insurance schemes were considered. Results & Conclusions: Act 650 lacks clear provisions f

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