Academic literature on the topic 'Duty to indemnify'
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Journal articles on the topic "Duty to indemnify"
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Masri, Esther. "PELANGGARAN PRINSIP ITIKAD BAIK DALAM PERJANJIAN ASURANSI PADA P.T. ASURANSI JIWASRAYA CABANG PADANG." KRTHA BHAYANGKARA 12, no. 1 (June 18, 2018): 116–39. http://dx.doi.org/10.31599/krtha.v12i1.33.
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This study uses empirical juridical method where research with a view to legal provisions in practice. This study concerns the basic factors underlying the onset of any breach of the principle of utmost good faith in the insurance agreement as well as how the settlement and legal consequences of the breach of the principle of utmost good faith in the contract of insurance. The author uses the qualitative data analysis to make an assessment of data that authors get on the field with the help of literatures related research. Based on the research that earned the author the P.T. Asuransi Jiwasraya (Persero) Padang Branch that the factors underlying the violation of the principle of utmost good faith can be caused by internal factors (the insurer) is an insurance agent and risk selectors (underwriter) and external factors i.e. insured parties. Violation of the dishonest agents caused the insurer gives a description of the products offered to the prospective insured because only the pursuit of targets and commissions, vice versa the insured provides false information when responding to a question from the insurer. Completion of the offence principle of utmost good faith this is done first by deliberation, if agreement was not reached will proceed through court proceedings. As a result of legal violations of principle of utmost good faith is the insurance agreement void or in other words the insurer has no duty to indemnify if the claims of the insured object.
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Griffith, Richard. "Duty, indemnity and immunity during the COVID-19 pandemic." British Journal of Nursing 29, no. 9 (May 14, 2020): 537–38. http://dx.doi.org/10.12968/bjon.2020.29.9.537.
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Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers arrangements for indemnifying nurses returning to practice in the pandemic, and whether nurses might be given immunity from negligence claims
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Kratenko, M. V., and O. J. Luik. "Modern Concept of Indemnity Insurance and Prospects for Its Implementation in Russian Law." Вестник Пермского университета. Юридические науки, no. 50 (2020): 762–86. http://dx.doi.org/10.17072/1995-4190-2020-50-762-786.
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Introduction: the division of insurance into indemnity insurance and insurance of fixed sums is as common in European legal doctrine as the differentiation between property and personal insurance in Russian law. The article investigates the functions and main features of indemnity insurance and modern trends in legal regulation of this type of insurance. Purpose: to demonstrate the evolution of the compensation insurance model, caused, among other things, by the penetration of the pro-consumer approach in insurance law; to assess the current state of Russian legislation on insurance contract and the proposals for its reform (formulated in Draft revision of Chapter 48 of the Civil Code) from the perspective of the indemnity insurance model. Methods: the authors apply a comparative legal research method to the legislation and doctrine of Russia, Estonia and other EU member states, model acts of insurance law (Principles of European Insurance Contract Law[1]), and also use methods of retrospective analysis. Results:the authors conclude that the indemnity insurance model is still based on long-established principles (necessity of insurance interest, good faith, etc.), although their interpretation may change over time. In addition, the strengthening of pro-consumer ideas has a significant impact on contractual relationship in indemnity insurance: the standard of requirements to the policyholder (insured person) and his liability for breach of contractual duties have been softened, while the level of requirements to the insurer as a professional subject is increasing. This is reflected in formalization of the information duty of the policyholder at the pre-contractual stage, replacement of the all-or-nothing principle by the principle of proportionality when imposing sanctions on the policyholder, including mandatory testing for the causal link between the breach of contract and materialization of risk or increase in damage. It is concluded that the Russian legislation on insurance contract requires a conceptual reform, including through the consistent introduction of the proportionality principle in all cases when sanctions are applied to the policyholder.
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O'Donnell, Carol. "Unintended outcomes of health care delivery and the need for a national risk management approach." Australian Health Review 22, no. 1 (1999): 44. http://dx.doi.org/10.1071/ah990044.
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Unlike the situation in occupational health and safety, there is no nationally coordinated approach to risk management to prevent unintended outcomes of healthcare provision and improve health care quality. There is a related absence of linkages between quality assurance processes, other programs aimed at patient injury prevention and professional indemnity insurance systems. This article discusses the Australian health policy direction and argues for a coordinated national health risk management approach developed through contract requirements which include duty of care and information provision, nationally approved standards and codes, professional liability requirements, and supporting health education, research and information technology development.
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Olavi-Jüri, Luik, Ratnik Rainer, and Braun Magnus. "Aggravation of Risk and Precautionary Measures in Non-Life Insurance: A Tricky Scope for the Insurer?" Baltic Journal of Law & Politics 8, no. 2 (December 1, 2015): 1–45. http://dx.doi.org/10.1515/bjlp-2015-0017.
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Abstract Aggravation of risk and failure to take precautionary measures are focal issues in non-life insurance in terms of potential partial or full release of the insurer from the duty to perform. Not infrequently, it is difficult to draw a line between the aggravation of risk on the one hand, and non-compliance with precautionary measures on the other, since a particular action by a policyholder may present both situations. At the same time, the legal remedies available to the insurer regarding these two situations are different in scope. The aggravation of risk and non-compliance with precautionary measures are precisely the bases on which insurers actually reduce indemnity or refuse to compensate for damages. This article explores the differences between insurance laws in the Baltic states—specifically, the Estonian Law of Obligations Act, the Latvian Insurance Contract Law and Lithuanian rules contained in the Civil Code and Insurance Law. The article explores the differences between the Baltic states’ insurance laws and the Principles of European Insurance Contract Law (PEICL) with regard to a policyholder’s duty in relation to aggravation of risk and precautionary measures, as the rights and obligations of policyholders do change where the optional instrument is applied. The article also includes comparisons to German, Finnish and Russian insurance law.
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Raja, Jawad, Jiann Lin Loo, Rajvinder Sambhi, and Somashekara Shivashankar. "Manualising the induction of higher trainees in psychiatry for North Wales: The CiSGC Guide (“Croeso i Seiciatreg Gogledd Cymru”)." BJPsych Open 7, S1 (June 2021): S214—S215. http://dx.doi.org/10.1192/bjo.2021.572.
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AimsThere is a significant period of adjustment for new higher trainees in psychiatry given the presence of inter-trust differences in the National Health Services (NHS). It may take some time for a trainee to become familiar with the new administrative system and workflow of the new environment, which may be even longer for an international medical graduate (IMG). Although there is an existing induction system, having a written structured manual will assist the trainees to get through this process more easily. Hence, this Quality Improvement Project (QIP) outlined the creation of an induction manual that serves as a starter pack to facilitate the settling-in process of new North Wales higher trainees in psychiatry, i.e. the “Croeso i Seiciatreg Gogledd Cymru” (CiSGC) guide (means Welcome to North Wales Psychiatry in Welsh).MethodThe induction manual was initially drafted by the authors based on the available printed policies and information online. Further input and from different stakeholders were obtained to triangulate and enrich the manual. Specific links and further references were included in the manual for the reference of prospective manual users. Authors’ contact details were included for any further clarification, suggestions or input.ResultThe manual consisted of four sections: A) General Process before, during and after Reporting Duty, B) Trainees’ Duty, 3) Speciality-specific Guidance, and 4) Health Board-related Information. The General Process section covered the visa-related information, post-acceptance paperwork process, access to email and hospital informative system, medical practice-related issues (including section 12(2) approval and medical indemnity). The Trainees’ Duty section briefed on time-tabling and clinical duty. The Specialty-specific Guide provided important information related to training. Lastly, the section of Health Board-related Information highlighted the administrative structure of the NHS Health Board, important contact numbers, link to information. Specialty specific sections were created for general adult psychiatry and old age psychiatry as there is no other higher training of psychiatry in North Wales at the moment. Further sections in the pipeline include substance misuse and liaison psychiatry.ConclusionThis induction manual is neither prescriptive nor exhaustive. It serves as a generic reference to facilitate new trainees in their adjustment process. Further review and revision will be conducted before every induction process to ensure the information is up-to-date and incorporating new input from the trainees.
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FLENIK, Juliano Deffune, and Priscila Nascimento Giublin Gomes de Souza LUZ. "RESPONSABILIDADE CIVIL DO ESTADO EM REPARAR OS DANOS MORAIS CAUSADOS AOS PRESOS EM SITUAÇÃO DEGRADANTE: ANÁLISE DO RE 580.252." Percurso 2, no. 29 (April 3, 2019): 154. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3492.
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RESUMOA situação carcerária do Brasil há muito, encontra-se em situação desumana e degradante, o que fere direitos fundamentais dos presos. O Estado, que possuiu a custódia dos detentos, tem o dever de manter condições de vida digna aos mesmos. Questionado pelo Recurso Extraordinário 580.252, o Supremo Tribunal Federal analisou a responsabilidade civil do Estado por danos morais causados aos presos em situação ilegítima e sub-humana. Julgando-o procedente, foi conferida repercussão geral à demanda. Incontroversos os fatos, o debate ficou restrito à forma de indenização por parte do Estado, fixado em restituição pecuniária fixa ao preso, em consonância com a “Agenda do Sistema Prisional” conduzida pelo Supremo Tribunal Federal, numa linha mais ativa, em que o Judiciário vem determinando aos Estados, ou seja, ao Poder Executivo, diversas obrigações de fazer em prol do sistema prisional brasileiro. PALAVRAS-CHAVE: Sistema Prisional; Danos Morais; Presos; Responsabilidade Civil; Estado. ABSTRACTBrazil's prison situation has long been inhuman and degrading, which is a violation of prisoners' fundamental rights. The State, which has the custody of the detainees, has the duty to maintain a dignified life. Asked about Extraordinary Appeal 580.252, the Federal Supreme Court analyzed the civil liability of the State for moral damages caused to illegitimate and subhuman prisoners. If it was upheld, there was a general repercussion on the claim. Uncontroversial the facts, the debate was restricted to the form of indemnity by the State, fixed in fixed pecuniary restitution to the prisoner, in line with the "Agenda of the Prison System" conducted by the Federal Supreme Court, in a more active line, in which the Judiciary has been determining to the States, that is, to the Executive Branch, several obligations to do in favor of the Brazilian prison system. KEYWORDS: Prison System; Moral Damages; Prisoners; Civil Liability; State.
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KOPYLOVA, Ekaterina, and Yaroslavna MULYK. "THE ORGANIZATION OF CONTROL OVER THE ACTIVITIES OF MATERIALLY RESPONSIBLE PERSONS IN THE SCIENTIFIC INSTITUTIONS." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 1 (41) (January 2019): 160–72. http://dx.doi.org/10.37128/2411-4413-2019-1-13.
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The methodical tools of organization the control over the activities of materially responsible persons in scientific institutions are researched. The functioning of the Institute of Food Resources of the National Academy of Sciences of Ukraine as a co-founder of the Educational, Scientific and Production Complex of "All-Ukrainian Scientific and Educational Consortium" is considered. It is determined that the institute is the leading agency on scientific ensuring of technical and technological progress of food processing industry of Ukraine. The methodical recommendations for organizing the internal control of budget funds managers in their institutions and subordinated budget institutions are considered. It is defined that the basis for the internal control is the responsibility of the manager for control and development of the institution in general. His main tasks are planning and organization of activities; formation of an adequate internal control structure; supervision of implementation of internal control and risk management to make sure that the goal and objectives of the institution are achieved and decisions, including financial ones, will be executed taking into account the principles of legality economy, efficiency, effectiveness and transparency. The concept of the term "responsibility" is considered and the different types of legal responsibility are described. Legal responsibility should be understood as the duty of a person to undergo certain restrictions of state power, provided by law, for the committed offense. The essence of the legal responsibility is as follows: a person, who hasn't executed the responsibility imposed on his/her by law, the new duty is assigned to certain restrictions, negative personal or property consequences. The scientific approaches to the interpretation of the term "material responsibility" are investigated. It is established that the material responsibility can be imposed on any employee who has entered into an employment contract with the owner or the authorized owner of the body. The implementation of labor activities under the civil law contracts is not covered by the sphere of the labor law. Therefore, persons who perform work on the basis of the civil law agreements (for example, under a contract), are responsible for property under the norms of the civil law. The types of material responsibility such as: limited, full, collective (brigade) and increased are considered. The list of grounds for bringing the employee to material responsibility (the presence of the direct harm, violation of the employee or owner of labor duties, causal link between violation and harm, the employee's fault) is studied. The procedure of signing the contract on full material responsibility and indemnity are investigated. The essence of the control over the activities of materially responsible persons is defined. It should be understood as the whole process, which is carried out by the management and employees of the institution, which directed to revealing of deviations and deficiencies in the work of materially responsible persons and bringing the perpetrators to responsibility. The basic directions of improvement of the control over the activity of materially responsible persons in scientific institutions are determined. These can be: the implementation in the institution of the materially responsible people’s instruction, regarding their rights and duties and determining these positions in the job descriptions; the implementation in the institution of the analytical information, where to record the information about the guilty persons, the reasons for the deviations, actions or inactivity of the persons that led to deviations; the formation of a separate subdivision of internal control, which will perform control functions including control over materially responsible persons, or introduction of the position of the internal controller; the computerization of the audit of goods, which will solve such problems as: observance of objectivity, accuracy of results, timing, reduction of labor costs; the development and implementation of a system of internal regulation of the control of the scientific institution, where it is necessary to provide general control questions at the level of the institution, the clearer provisions of internal control which are connected with concrete subjects of its realization, the definition of the rights and duties of persons connected with control activity.
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Azevedo, António. "Risco Administrativo – Regime Constitucional e Legal em Portugal e no Brasil – As Características e o Dever de Indenizar." j2, May 20, 2019, 049–64. http://dx.doi.org/10.29073/j2.v2i2.222.
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Responsabilidade civil estatal pelo risco – Diferenças principais entre o sistema constitucional e legal brasileiro e português – Pressupostos do dever de indenizar – Hipóteses de exclusão da obrigação de reparar o dano. Abstract: State civil liability for the risk - Main differences between the Brazilian and Portuguese constitutional and legal system - Assumptions of the duty to indemnify - Assumptions for excluding the obligation to repair the damage.
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Eburn, Michael. "Registered paramedics, insurance and first aid – looking for coherence in law." Australasian Journal of Paramedicine 16 (February 4, 2019). http://dx.doi.org/10.33151/ajp.16.663.
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This article challenges the view that professional indemnity insurance is required when paramedics provide first aid at an unexpected accident or medical emergency while not at work. It is argued that an interpretation of ‘practice’ that includes emergency first aid would be inconsistent with the policy of the law reflected in ‘Good Samaritan’ legislation and would be contrary to the public interest. The provisions of the Registration Standard ‘Professional Indemnity Insurance’ are linked to judicial decisions on what it means to practise a profession to demonstrate that an interpretation of ‘practise’ that excludes first aid is consistent with the law. The Paramedicine Board of Australia and the Australian Health Practitioner Regulation Agency should give a clear statement that providing first aid at an unexpected health emergency is not and will not be considered professional practice by an off-duty registered health professional who is at the scene of the emergency, simply by coincidence.
Dissertations / Theses on the topic "Duty to indemnify"
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Avelar, Letícia Marquez de. "A cláusula de não indenizar: uma releitura do instituto à luz do atual código civil brasileiro." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-16082012-154850/.
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Trata-se de estudo acerca da cláusula de não indenizar e da cláusula limitativa do dever de indenizar, mecanismos utilizados pelos contratantes com vistas a aliviar a sobrecarga das indenizações, que se aproximam de institutos como o seguro de responsabilidade civil e a cláusula penal, apresentando também pontos de coincidência com a transação, a renúncia e o consentimento do ofendido. Embora sejam conhecidas desde o direito romano, foi no Estado liberal que essas convenções tiveram maior aceitação, a qual foi sendo, no entanto, paulatinamente reduzida, à medida que foi se configurando o que posteriormente se convencionou chamar de dirigismo contratual, que tem em mira corrigir as injustiças resultantes do modelo individualista de outrora, na busca por uma igualdade real entre as partes contratantes. No ordenamento jurídico brasileiro não há regra geral disciplinando a matéria, mas apenas disposições pontuais que regulam campos específicos; esta a origem de toda a controvérsia que gravita em torno da validade e eficácia da cláusula de não indenizar e da cláusula limitativa do dever de indenizar, questões, ao que se entende, que se devem resolver pelas regras de admissibilidade dos contratos em geral, respeitando-se, sempre, evidentemente, os limites da ordem pública, o que significa, nos tempos atuais, observância, também e principalmente, aos princípios da boa-fé objetiva, do equilíbrio contratual e da função social do contratoIt is a study on the non-indemnity clause and on the limitation of indemnity clause, mechanisms utilized by contractors in order to relieve the burden of indemnities which approach institutes such as the civil liability insurance and the penalty clause and also show intersection points with the settlement, the waiver and the consent of the offended party. Although known since roman law, it was in liberal State that such conventions have received greater acceptance, which nonetheless was gradually reduced as what later to be denominated contractual interventionism emerged, whose purpose is to correct the inequities resulting from the individualist model of yesteryear in the quest for true equality between the contracting parties. There is not a general legal rule in the Brazilian legal system regulating the matter, but only specific provisions governing specific cases; this is the origin of all controversy towards the validity and effectiveness of the non-indemnity clause and of the limitation of indemnity clause, these are issues that, as one comprehends, should be solved with the admissibility rules of contracts in general, provided that the limits of public order, evidently, are always respected, what means, nowadays, observance, also and mainly, of the principles of objective good faith, contractual balance and social purpose of the contract
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Dabrišiūtė, Kristina. "Nuostolių, kilusių dėl akcijų pirkimo-pardavimo sutartyse numatytų patvirtinimų ir garantijų pažeidimo, nustatymo ir išieškojimo problemos." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152129-34840.
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Šiame magistro darbe, pasitelkiant analizės, lyginamąjį, loginį, sisteminį ir ekonominį tyrimo metodus, išsamiai analizuojama nuostolių, kilusių dėl akcijų pirkimo–pardavimo sutartyse numatytų patvirtinimų ir garantijų pažeidimo, nustatymo ir išieškojimo problematika. Darbe tiek teoriniu, tiek praktiniu aspektu pateikiamos pagrindinės problemos ir siūlomi jų sprendimo variantai, kurie palengvintų nuostolių apskaičiavimą ir užtikrintų teisingą jų atlyginimą paaiškėjus, jog pardavėjo patvirtinimai ir garantijos, perleidžiant verslą akcijų pirkimo–pardavimo būdu, buvo klaidingi. Siekiant užsibrėžtų tikslų pirmoje darbo dalyje nagrinėjami verslo perleidimo akcijų pirkimo–pardavimo būdu ypatumai, aiškinamasi, kokį akcijų kiekį perleidus bus laikoma, kad įvyko viso verslo perleidimas, taip pat lyginamos sandorių rūšys verslą perleidžiant akcijų ir turto pardavimo būdais. Atsižvelgiant į tai, kad patvirtinimai ir garantijos jau tapo neatsiejama akcijų pirkimo–pardavimo sutarties nuostatų dalimi, o verslo įsigijimų praktikoje ginčai dažniausiai kyla dėl šių sutarties nuostatų pažeidimo, antroje darbo dalyje gilinamasi į jų teisinę prigimtį, esmę, tikslus bei vietą Lietuvos sutarčių teisės sistemoje. Pagrindinė darbo dalis skirta nagrinėjamos temos kontekste identifikuoti nuostolių nustatymo ir išieškojimo problemas, analizuoti pagrindinius nuostolių apskaičiavimo būdus ir įmonės vertinimo problematiką, įvertinti pardavėjo pareigos atskleisti informaciją ir pirkėjo pareigos patikrinti... [toliau žr. visą tekstą]This master thesis, through the use of analytical, comparative, logical, systemic and economic methods forms a thorough analysis of problems concerning estimation and recovery of losses caused by the breaches of representations and warranties provided for in share sale–purchase agreements. This paper in both – theoretical and practical standpoints presents the core of the pending problems while suggesting the eventual rules, which if addressed, could ease the estimation of losses and safeguard the fair-minded compensation in the situations when seller’s representations and warranties provided for in share sale–purchase agreements were false. In order to achieve the selected goals of this master thesis, the first part of the paper analyses peculiarities of business transfer through the purchase of shares. It also examines what amount of transferred shares can be considered as a transfer of full business as well as compares the nature of business transactions through the sale of shares and assets. Due to the fact that representations and warranties have become an integral part of share sale–purchase agreements and disputes in business acquisitions are most often caused by the breach of above clauses, the second part of the paper examines their legal nature, substance, goals and place in the Lithuanian law of contracts. The main part of the paper aims to identify problems in estimation and recovery of damages, analyze main methods of the calculation of damages and issues in... [to full text]
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Wall, Anna. "Om indirekt- och "indirekt" indirekt skada : Enskilda aktieägares rätt till ersättning vid skadegörande handling av organledamot jämte genomsyn i koncernförhållanden." Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-18627.
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I de fall enskilda aktieägare tillfogas skada, genom organledamots handlande, innehar dessa rättigheten att påkalla skadeståndsansvar enligt 29:1 1 st. 2 men. ABL. I den svenska rättstillämpningen ter sig dock tillämpningen av paragrafen, i samband med indirekta skador, problematisk. Problematiken hänför sig till vilka regler, vars åsidosättande, aktualiserar tillämpningen av paragrafen tillsammans med aktieägares talerätt. Två tolkningar kan i fallet identifieras, vilka framförts inom doktrinen, varvid en begränsad och en mer liberal. Även om den liberala tolkningen är förenad med viss problematik, är denna enligt mitt förmenande den vilken bör tillämpas. En sådan tillämpning skulle således innebära att enskilda aktieägare tillerkänns talerätt vid indirekt skada, då regler vilka ger uttryck för normskyddsläran och bolagsledningens lojalitetsplikt åsidosatts. Rättsutvecklingen har vidare givet upphov till frågan, huruvida en ”indirekt” indirekt skada kan omfattas av paragrafens tillämpningsområde. En sådan skada uppstår särskilt i koncernförhållanden då dotterbolaget tillfogas en direkt skada, vilken därigenom åsamkar aktieägarna i dess moderbolag en ”indirekt” indirekt skada. Skadan faller utanför paragrafens tillämpningsområde, då de skadedrabbade inte utgör aktieägare i dotterbolaget. En lösning enligt mitt förmenande, varigenom paragrafens tillämpning koncernanpassas, är att principen om ansvarsgenombrott i betydelsen genomsyn nyttjas. Principens aktualisering medför att ett moder- och dotterbolag betraktas som en juridisk enhet, om erforderliga rekvisit uppfylls, varigenom de skadedrabbade aktieägarna från ett teoretiskt perspektiv även ses som aktieägare i dotterbolaget. Effekten av principens tillämpning är sålunda att en ”indirekt” indirekt skada faller inom paragrafens tillämpningsområde.Whenever individual shareholders inflict an injury, due to action taken by a corporate member, they possess the right to impose liability in accordance with 29:1 1 st. 2 men. ABL. The paragraph is though associated with some difficulties when it comes to an indirect injury. The difficulties regard which rules that have to be infringed, in order for the paragraph to be applicable and thereby providing shareholders with the right to sue. Two different interpretations can hereby be identified, whereby one limited and the other one more liberal. Even if the liberal interpretation is associated with some difficulties, I find that this one should be applied. Such an application would mean that an individual shareholder acquire the right to sue, for an indirect injury, when rules protecting a third person and the corporate member’s duty of loyalty have been infringed. Legal progress has also given rise to another question, whether an “indirect” indirect injury falls within the paragraphs application. Such an injury is mostly affiliated with corporate groups where the daughter company causes a direct injury, whereby the shareholders in the mother company causes an “indirect” indirect injury. Since the shareholder here is not an owner of the daughter company, the paragraph could not be applied. A solution to this problem is, according to me, an application of the principle piercing the corporate veil, whereby the paragraphs application extends to corporate groups. The effect of the principles application is that a mother- and daughter company becomes one legal entity, if the prerequisites are fulfilled. The outcome is hereby that a shareholder in the mother company, from a theoretical perspective, also is regarded to be an owner of the daughter company. Wherefore an “indirect” indirect injury hereby falls within the scope of the paragraphs application.
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Jacobs, Wenette. "Selected legal aspects of liability insurance." Thesis, 2020. http://hdl.handle.net/10500/26797.
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Liability insurance concerns an insured’s insurance of its legal liability towards a third party for the latter’s loss. This specialised type of insurance is rather neglected in South African insurance law. There is a lack of understanding of the intricacies of liability insurance and its unique challenges. This flows primarily from its complex nature as third-party insurance, which involves legal obligations between multiple parties, and a lack of statutory regulation of the distinctive contractual aspects of liability insurance. Furthermore, limited authority exists on contentious legal aspects as a result of the relatively small number of judicial decisions in this field of law.
It is also evident that liability insurance constantly evolves as new grounds of liability emerge and new insurance products develop in response to the changing demands of society. The rise of consumerism and the increase in third-party claims amplify the economic significance of the law of liability insurance in South Africa. A substantial knowledge gap remains in our jurisprudence, irrespective of the recent introduction of new statutory instruments aimed at regulating insurance practice in general. These reforms have not as yet been applied critically to liability insurance, and no specialised legislation in South Africa regulates aspects of this branch of insurance as is the case with microinsurance.
The focus in this thesis is on two main issues: the insurer’s duty effectively to indemnify the insured, and the insurer’s defence and settlement of third-party claims brought against the insured. As a subsidiary theme, this thesis analyses legal uncertainties that may persist during pre-contractual negotiations, the liability insurance contract lifecycle, and even after the expiry of the contract. Legal challenges can be addressed by novel and creative application of the national law. Potential solutions can be gleaned from the other progressive jurisdictions reviewed – English and Belgian law. It is evident that this research may prompt Parliament to develop specific rules and regulations for liability insurance contract law. This thesis includes a check list of some of the most important disclosure duties for procuring liability insurance cover, its operation, and claims processes.Mercantile Law
LL.D.
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Dias, Vânia Raquel da Silva. "O abandono do trabalho no sistema jurídico português." Master's thesis, 2018. http://hdl.handle.net/10400.14/26466.
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O instituto do abandono do trabalho foi importado do direito administrativo e introduzido no nosso ordenamento jurídico em 1989, com vista a uma maior flexibilidade, celeridade e facilidade de fazer cessar o contrato de trabalho nas situações de ausência prolongada e sem notícias do trabalhador.
Os elementos constitutivos do abandono –objetivo e subjetivo – são cumulativos e a sua verificação é basilar para que o empregador possa transmitir a sua ocorrência ao trabalhador e invocar, de forma legítima, a cessação do contrato, quer por abandono do trabalho propriamente dito, quer por abandono presumido. Estes dois requisitos devem ser sempre tidos em consideração na subsunção de uma situação concreta no instituto do abandono para que não existam erros na apreciação da causa, sobretudo, na apreciação do elemento subjetivo e, subsequentemente, problemas na delimitação da figura.
Dada a estabilidade legislativa da figura desde a sua consagração, existem muitas questões sem resposta legal, o que propicia divergentes entendimentos sobre várias questões práticas, sendo tal facto perceptível nas inúmeras decisões jurisprudenciais.
Com o estudo efetuado, pretendemos contribuir para um melhor entendimento da figura e assinalar a necessidade de tais respostas serem redigidas no texto legal, garantindo-se uma maior segurança nas mais diversas situações do mundo laboral.The institute of work abandonment was imported from administrative law and introduced into our legal system in 1989, with a view to greater flexibility, celerity and ease of terminating the employment contract in situations of prolonged absence and without news of the worker. The elements constituting the abandonment - objective and subjective - are cumulative and their verification is basic so that the employer can transmit its occurrence to the worker and legitimately invoke the termination of the contract, either by abandoning the work itself or for presumed abandonment. These two requirements must always be taken into account when subsuming a concrete situation to the abandonment institute, so that there are no errors in the assessment of the case, in particular in the assessment of the subjective element and, subsequently, problems in the delimitation of the figure. Given the legislative stability of the figure since its consecration, there are many issues with no legal response, which leads to divergent understandings on various practical issues, and this fact is noticeable in the numerous decisions of jurisprudence. With the study carried out, we intend to contribute to a better understanding of the figure and to point out the need for such responses to be drafted in the legal text, guaranteeing greater security in the most diverse situations in the world of work.
Books on the topic "Duty to indemnify"
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Abbey, Robert, and Mark Richards. 5. The draft contract. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787648.003.0005.
Full textAbstract:
This chapter considers issues relating to the drafting the contract for the seller. These include occupiers and tenancies; seller’s duty of disclosure; formalities; contents of the contract; deposit; completion; title guarantee; indemnity covenants; sales of part; option agreements; and conditional contracts.
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Abbey, Robert, and Mark Richards. 5. The draft contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823223.003.0005.
Full textAbstract:
This chapter considers issues relating to the drafting the contract for the seller. These include occupiers and tenancies; seller’s duty of disclosure; formalities; contents of the contract; deposit; completion; title guarantee; indemnity covenants; sales of part; option agreements; and conditional contracts.
Book chapters on the topic "Duty to indemnify"
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Kadelbach, Stefan. "State Immunity, Individual Compensation for Victims of Human Rights Crimes, and Future Prospects." In Remedies against Immunity?, 143–57. Berlin, Heidelberg: Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62304-6_7.
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AbstractThis chapter first recapitulates the state of affairs as to the principle of state immunity and why exceptions from jurisdictional immunity for gross violations of human rights and humanitarian law are not recognized. It explores customary law and the global compensation treaty between Germany and Italy. Both indicate that Italy would be obligated to indemnify Germany from individual claims raised before Italian courts.In a second step, the development towards individual rights in public international law will be taken up. It appears that human beings are increasingly recognized as holders of individual claims but, apart from human rights treaty systems, lack the capacity under international law to invoke their rights before courts. Instead, they depend on their home states, which have standing but are not entitled to waive the individual rights of their citizens.In order to reconcile the seemingly antagonistic regimes of state immunity and claim settlement, prospects for a friendly solution of the present dilemma will be assessed. Against the background of cases pending before Italian courts, it will be examined whether the distinction between jurisdictional immunity and immunity from execution opens up a way out of the impasse, which the two states and private capital could pursue, and whether this solution would create a precedent for other similar constellations.Lastly, some concluding remarks will address lessons to be learnt for future conflicts. They will deal with elements of a general regime of compensation, drawing from the experience of both past reparation schemes and the experience of reconciliation in post-totalitarian societies. Such elements could be a duty to seek bona fide settlements, possible consequences of violations for domestic court proceedings, methods of assessing damages inspired by mass claim processing, the categorization of claims according to the gravity of violations, rules on evaluating evidence, procedures to give victims a say, and appropriate forms of monetary and non-pecuniary compensation including the necessary institutional framework.
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Abbey, Robert, and Mark Richards. "5. The draft contract." In Property Law 2020-2021, 45–57. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858409.003.0005.
Full textAbstract:
This chapter considers issues relating to the drafting the contract for the seller. These include occupiers and tenancies; seller’s duty of disclosure; formalities; contents of the contract; deposit; completion; title guarantee; indemnity covenants; sales of part; option agreements; and conditional contracts.
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Abbey, Robert, and Mark Richards. "5. The draft contract." In Property Law 2019-2020, 45–57. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838531.003.0005.
Full textAbstract:
This chapter considers issues relating to the drafting the contract for the seller. These include occupiers and tenancies; seller’s duty of disclosure; formalities; contents of the contract; deposit; completion; title guarantee; indemnity covenants; sales of part; option agreements; and conditional contracts.
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Richards, Mark. "5. The Draft Contract." In Property Law, 46–58. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844309.003.0005.
Full textAbstract:
This chapter considers issues relating to the drafting the contract for the seller. These include occupiers and tenancies; seller’s duty of disclosure; formalities; contents of the contract; deposit; completion; title guarantee; indemnity covenants; sales of part; option agreements; and conditional contracts.
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Hannigan, Brenda. "14. Directors’ liabilities for breach of duty." In Company Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198787709.003.0014.
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This chapter considers the extent of the potential liabilities of directors for breach of their duties. There are a variety of possible consequences where directors are found to have acted in breach of duty. The chapter focuses on the extent of a director's civil liability for breach of fiduciary duty and the liability of third parties involved in some way in that breach of duty. The ability to mitigate potential liabilities through reliance on indemnity provisions, insurance, and by application to the court for relief is also considered. The discussions cover the claim for: breach of fiduciary duty; liability of third parties; claims for negligence; and managing potential liabilities.
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Hannigan, Brenda. "14. Directors’ liabilities for breach of duty." In Company Law, 270–300. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198848493.003.0014.
Full textAbstract:
This chapter focuses on the extent of a director’s civil liability for breach of fiduciary duty and the liability of third parties involved in some way in that breach of duty. One of the most important issues is the extent of a director’s liability to account. Liability can range from accounting for secret profits to claims for equitable compensation and from personal to proprietary claims. Often, a claim will be affected by limitation issues. It may be complicated by the involvement of third party accessories. Mitigation through reliance on indemnity provisions, insurance and by applying to the court for relief is also considered. The discussion covers: breach of fiduciary duty, liability of third parties, claims for negligence, and managing potential liabilities.
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Baskind, Eric. "13. The relationships created by agency—the rights and liabilities of the parties." In Commercial Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803843.003.0013.
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Each Concentrate revision guide is packed with essential information, Key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the relationships created by agency, namely, the rights and liabilities of the agent, the principal, and the third party. It first explains disclosed agency as opposed to undisclosed agency with regards to the contract made by the agent, and then, after discussing the rights and liabilities of the principal and the third party, considers the rights of the agent against his principal, including remuneration, indemnity, and lien. The chapter examines the agent’s two kinds of duty to his principal-contractual duty and fiduciary duty-and discusses remedies for breach of fiduciary duty and how an agency may be terminated, as well as the effects of termination. It concludes by highlighting the provisions of the Commercial Agents (Council Directive) Regulations 1993.
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Baskind, Eric. "13. The relationships created by agency—the rights and liabilities of the parties." In Commercial Law Concentrate, 200–220. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840619.003.0013.
Full textAbstract:
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the relationships created by agency, namely, the rights and liabilities of the agent, the principal, and the third party. It first explains disclosed agency as opposed to undisclosed agency with regard to the contract made by the agent, and then, after discussing the rights and liabilities of the principal and the third party, considers the rights of the agent against his principal, including remuneration, indemnity, and lien. The chapter examines the agent’s two kinds of duty to his principal (contractual duty and fiduciary duty) and discusses remedies for breach of fiduciary duty and how an agency may be terminated, as well as the effects of termination. It concludes by highlighting the provisions of the Commercial Agents (Council Directive) Regulations 1993.
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Fox, D., RJC Munday, B. Soyer, AM Tettenborn, and PG Turner. "7. Relations between principal and agent." In Sealy and Hooley's Commercial Law, 209–73. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198842149.003.0007.
Full textAbstract:
This chapter focuses on the rights and obligations of the principal and the agent between themselves, whether arising from a contract between them or from the fiduciary nature of their relationship. However, those rights and obligations may also derive from other sources, for example tort, statute, or the law of restitution. There is detailed consideration of the duties of the agent, such as the duty of care and skill and fiduciary duties, as well as the rights relating to remuneration, reimbursement and indemnity, and lien. The chapter also discusses the ways by which agency may be terminated.
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Leahy, Blair, and Andrew Feld. "Directors’ Liabilities: Exemption, Indemnification, and Ratification." In Company Directors: Duties, Liabilities, and Remedies. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754398.003.0024.
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The 2006 Act, Part 10, Chapter 7, ss 232–9, contains provisions relating to exemption and protection of directors from liabilities incurred in discharge of their functions. Sections 232–4 and 236–8 largely restate or preserve the former law, providing for general prohibitions on the exemption and indemnification of a director from liability or against liability that would otherwise attach to him in connection with any negligence, default, breach of trust, or breach of duty in relation to the company, subject, in the case of indemnification, to specified exceptions relating to insurance and certain third party indemnity provision. Section 235 is a new provision dealing with the indemnification of a director of a company that is a trustee of an occupational pension scheme.