Academic literature on the topic 'Injured party and defendant'

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Journal articles on the topic "Injured party and defendant"

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Sundaram, Alagappan Meenakshi. "Dr ALM’s Medicolegal series -part 3 -Res Ipsa Loquitur - What does it mean in Medical Negligence?" SBV Journal of Basic, Clinical and Applied Health Science 7, no. 3 (2024): 112–15. http://dx.doi.org/10.4103/sbvj.sbvj_17_24.

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Abstract Res Ipsa Loquitur literally means “Things speak for itself”. Prima facie it appears to be a simple and easy maxim to understand and apply. However it is not as simple as it appears to be. Res Ipsa Loquitur is a maxim, the application of which shifts the burden of proof on the defendant. Generally, in a case it is the plaintiff who has to provide evidence to prove the defendant’s negligence. There is however, a change when this maxim is used. The burden of proof shifts to the defendant. There is a presumption of negligence on part of the defendant and it is upto him to prove his non-li
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Kulesza, Cezary. "Conflict between the Rights of Victim of a Crime and the Rights of the Accused under the German and Polish Justice System in the Context of the Case-law of European Courts." Studia Iuridica Lublinensia 29, no. 4 (2020): 135. http://dx.doi.org/10.17951/sil.2020.29.4.135-164.

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<p>The purpose of this article is to examine conflict between the rights of victims of crimes and the rights of defendants under the German and Polish justice system in the context of the case-law of European courts. The analysis covers two possible occurrences of this conflict: 1) in the cognitive sphere, including proving the defendant’s guilt or innocence, and 2) in the decision-making sphere, including initiation of a criminal applying preventive measures, and sentencing. The main thesis of the article is that in the Polish and German criminal process granting the injured parties not
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Vakili, Moghadam Mohammad Hosein. "Reevaluating Plaintiff Criteria and Third-Party Lawsuits in Civil Liability: A Comprehensive Analysis." Journal of Legal Studies 15, no. 4 (2023): 271–98. https://doi.org/10.22099/jls.2023.44322.4773.

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In the realm of civil procedures, the right to bring a lawsuit traditionally hinges upon the claim of the injured party seeking compensation for harm caused by the actions of the defendant. According to this conventional perspective, the initiation of a lawsuit by a third party, without the consent of the injured party, has been deemed inconceivable and lacking legal rationale. This article challenges the fundamentals of this prevailing approach, demonstrating that in specific cases where the beneficiary faces difficulties or is unwilling to engage in legal proceedings, the involvement of a th
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Sowiński, Piotr Krzysztof. "From “waiver of indictment” to “withdrawal of indictment”. Remarks on Article 14 § 2 of the Criminal Code." Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 31 (2020): 222–37. http://dx.doi.org/10.15584/znurprawo.2020.31.18.

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This article discusses the issues related to the application of regulations included in Art. 14, § 2 of the Criminal Code where the withdrawal of the indictment by the public prosecutor was regulated. Moreover, the results of such an activity and the conditions of its performance were indicated. The rights of the accused and the injured party related to the withdrawal of the indictment and also the prohibition of the re-indictment against the same defendant in relation to the same criminal Act were discussed.
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Healy, Deirdre. "Rehabilitation and litigation." Social Care and Neurodisability 3, no. 1 (2012): 40–43. http://dx.doi.org/10.1108/20420911211207062.

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PurposeThis paper aims to consider the advantages to using the Rehabilition Code within personal injury litigation.Design/methodology/approachThe paper is designed to take the reader through the key features of the Rehabilitation Code, how the Code is implemented on a practical level and the advantages to both Claimant and Defendant Advisors in utilising the Code.FindingsThe article highlights that the early provision of rehabilitation can make a significant and positive contribution to the life of an injured party. It actively encourages all parties involved in the litigation process to act i
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Hajdari, Azem. "Mutual Obligations of Parties in Criminal Proceedings-The Context of Kosovo." Asian Journal of Social Science Studies 2, no. 1 (2016): 83. http://dx.doi.org/10.20849/ajsss.v2i1.113.

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In Kosovo criminal procedure the position to be a party have the state prosecutor, defendant, and injured party. They have separate roles and clearly defined authorizations, which are linked to their procedural position. In order to achieve a fair and lawful trial, legislator gave them also several obligations which they have to fulfill to each other. Their mutual obligations mostly have to deal with the exchange of evidences, acquaintance with names of witnesses that shall be proposed to main trial, the aim of presenting an alibi etc. The importance of performing on time such obligations is d
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Milovanović, Dragana. "Procedure for exercising the rights of a person wrongfully deprived of liberty or wrongfully convicted." Zbornik radova Pravnog fakulteta Nis 60, no. 92 (2021): 259–76. http://dx.doi.org/10.5937/zrpfn0-33698.

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The Criminal Procedure Code of the Republic of Serbia provides special proceedings for exercising the rights of a person wrongfully deprived of liberty or wrongfully convicted (Chapter 25, Articles 583-595 CPC). The introduction of such proceedings in the Serbian criminal legislation is a consequence of an enormous number of acquittals, particularly in cases where the defendant has been subjected to the most serious security measure aimed at ensuring presence of the accused person in criminal procedure. These proceedings appeared to be necessary for the purpose of exercising the wrongfully det
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Hammersschall, Ute, Bart de Temmermann, and Franz Werro. "BGH, Urteil vom 7. Mai 1996, BGH - Zur Erstattung von Mietwagenkosten nach einem Verkehrsunfall." European Review of Private Law 7, Issue 1 (1999): 69–100. http://dx.doi.org/10.54648/233267.

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In this decision, the German Federal Supreme Court was once again concerned with the question of the extent to which car rental costs are to be reimbursed by the tortfeasor following a traffic accident, a question which has been frequently discussed in Germany in the last few years. The following set of facts, typical in practice, served as the starting point. The plaintiff's car, a BMW 316 i, was damaged in a car accident on 12 February 1993; in the circumstances it was undisputable that the first defendant and his liability insurer (who was also a defendant) were liable in full. Through the
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Franjić, Siniša. "The Witness Must Speak the Truth." Law and Economy 3, no. 3 (2024): 28–33. http://dx.doi.org/10.56397/le.2024.03.04.

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At the beginning of the testimony, the witness will be warned that he is obliged to tell everything he knows about the case, as well as that giving a false testimony is a criminal act. A witness may be asked to promise to tell the truth. After that, he or she will be asked for personal information and the relationship with the defendant and the injured party. He will be invited to present everything he knows about the subject, and then he will be asked questions for verification, completion and clarification. He or she will always be asked how he or she knows what he or she is testifying about
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Novita Fitria Azzahra, Farchanza Haykanna Pireno, Fitrya Putry Amanda, and Nadifa Keyla Ismail. "Analisis Yuridis Perkara Wanprestasi Transaksi Jual Beli Online Pada Putusan Pengadilan Nomor 629/Pdt.G/2020/Pn Jkt.Sel : Upaya Hukum Dan Perlindungan Konsumen." Politika Progresif : Jurnal Hukum, Politik dan Humaniora 1, no. 4 (2024): 133–43. https://doi.org/10.62383/progres.v1i4.1005.

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With increasingly sophisticated technological developments, all sales and purchase transactions can be carried out online through various platforms including websites, social media, e-commerce and other platforms. However, online transactions can cause legal problems. One of the legal problems that often involves the sale and purchase agreement between the seller and the buyer is a breach of contract. Court Decision Number 629/Pdt.G/2020/PN Jkt.Sel is one of the cases of online sale and purchase breach involving Celvin as the buyer as the Plaintiff with Satrya as the owner of the brand "Namast
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Dissertations / Theses on the topic "Injured party and defendant"

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Briški, Lora. "Participation of the injured party in Slovenian criminal procedure." Thesis, Вектор, 2020. https://er.nau.edu.ua/handle/NAU/50901.

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Тези виступу зарубіжного гостя в рамках ІІІ Міжнародного молодіжного наукового юридичного форуму.<br>The historical development of the criminal process has led to the idea of the public nature of the criminal justice system. The view that the state is the injured party in criminal cases evolved to a stage where the public prosecutor was given a monopoly of the criminal charge (Krapac, 1985; Sebba, 1982). International and supranational organisations, in particular the Council of Europe, the European Union, and the United Nations have adopted various victims’ rights instruments. The most signif
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Briški, Lora. "Participation of the injured party in Slovenian criminal procedure." Thesis, Вектор, 2020. http://er.nau.edu.ua/handle/NAU/43745.

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Тези виступу зарубіжного гостя в рамках ІІІ Міжнародного молодіжного наукового юридичного форуму.<br>The historical development of the criminal process has led to the idea of the public nature of the criminal justice system. The view that the state is the injured party in criminal cases evolved to a stage where the public prosecutor was given a monopoly of the criminal charge (Krapac, 1985; Sebba, 1982). International and supranational organisations, in particular the Council of Europe, the European Union, and the United Nations have adopted various victims’ rights instruments. The most signif
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Greenford, Brian C. "The management of personal injury claims by insurers in England and Ireland." Thesis, University of East Anglia, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.368184.

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Roschauer, Oliver. "Addressing Legal Liability Issues in Cases of Harm due to Agricultural Genetically Modified Organisms (GMOs): Does current liability law find a suitable balance between the injuring and injured party?" Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/4731.

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In 1973, the first creation of recombinant bacteria, E. coli, allowed for gene engineering. After this development, it was possible to create a genetically modified organism (GMO) by adding a new gene into an organism's genome. A short time after this invention, the commercial value of these genetically modified products was discovered which resulted in the establishment of biotechnology companies. Nowadays, GMOs have a wide application in biological and medical research, production of pharmaceutical drugs, experimental medicine and agriculture.
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Сало, Андрій Богданович. "Співвідповідач у адміністративному процесі (процесуальна співучасть)". Diss., Національний університет "Львівська політехніка", 2021. https://ena.lpnu.ua/handle/ntb/56256.

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Shih, Po-Chun, and 施柏均. "The Legal Effect on the Violation of Investigation Secrecy─A Focus on the Remedy of the Injured Party." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/01240363948738638325.

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碩士<br>國立臺灣大學<br>法律學研究所<br>100<br>The operation of criminal investigation in Taiwan is secret, it ensures the advatageous position of the investigative organizations and presumption of innocence of the accused. However, some investigators often improperly reveal information about the suspect, resulting in great damage on its reputation and privacy. As the case being distributed among the media, the judge and the witness might be affected by the news and the coming public opinion, and this phenomenon will infringe upon the accused’s right to a fair trial. Moreover, the suspect are totally banned
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Tkáčová, Natália. "Ochrana oběti trestného činu." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-341997.

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English Abstract I chose the topic of my thesis, "Protection of victims of crime", because this issue is very topical in recent years, not only in terms of legislation, it is also an important topic that affects society. Unfortunately, crime is an integral part of society, and any one of us can become a victim of crime. Only when a person is affected by crime does he realize how important the protection of victims is. The Czech Republic is a country that does not forget to address this issue, and it comprehensively amended the rights of victims with Act no. 45/2013 Coll., On the Protection of
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Uriková, Aneta. "Poškozený v trestním řízení a jeho ochrana." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-404496.

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An injured party in criminal proceedings and his/her protection Abstract This Master's thesis is devoted to the analysis of the procedural rights and protection afforded to the injured party in criminal proceedings. This Master's thesis is divided into six chapters. The first chapter focuses on the analysis of the historical developments of the status of the injured party in criminal proceedings in the Czech law. The analysis commences with the Austro-Hungarian criminal procedural code no. 119/1873 Coll., the Czech Criminal code of 1950, its subsequent novelization in 1956 and the current Czec
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Tomsová, Karolína. "Pomoc obětem trestných činů - komparace úprav v České republice a Finsku." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-370908.

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The goal of this thesis is to provide a comprehensive comparison of national legislations governing assistance provided to crime victims in both the Czech Republic and Finland. Although emphasis has been placed on analysis of the respective legal regulations of both countries, it also places the issue into historical context while analyzing international requirements laid down by the Council of Europe, the European Union and the United Nations. At the end of the thesis, the level of victim protection in both countries is assessed and particular de lege ferenda proposals are submitted. The firs
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Kadlčíková, Eva. "Poškozený v trestním řízení a jeho ochrana." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-324206.

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The injured party in criminal procedure and his/her protection The purpose of my thesis is to analyse position of the injured party and his/her rights in Czech criminal procedure and to highlight changes which will be brought to rights of injured party by The Victim of Crime Act. This thesis is divided into five chapters. The first chapter briefly introduces the historical evolution of legal regulation of the injured party position in criminal procedure in the territory of the current Czech Republic. Next chapter is concerned with the term "injured party" in the current legal regulation. This
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Books on the topic "Injured party and defendant"

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Schaeffer, Susan Fromberg. The injured party. Pan, 1987.

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Judiciary, United States Congress House Committee on the. Amending Title 28, United States Code, to allow suits against the United States for acts or omissions of contractors in carrying out the atomic weapons testing program, and to substitute the United States as the party defendant in suits brought against such contractors: Report (to accompany H.R. 1338) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1986.

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United States. Congress. House. Committee on the Judiciary. Amending Title 28, United States Code, to allow suits against the United States for acts or omissions of contractors in carrying out the atomic weapons testing program, and to substitute the United States as the party defendant in suits brought against such contractors: Report (to accompany H.R. 1338) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1986.

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United States. Congress. House. Committee on the Judiciary. Amending Title 28, United States Code, to allow suits against the United States for acts or omissions of contractors in carrying out the atomic weapons testing program, and to substitute the United States as the party defendant in suits brought against such contractors: Report (to accompany H.R. 1338) (including cost estimate of the Congressional Budget Office). U.S. G.P.O., 1986.

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Schaeffer, Susan Fromberg. Injured Party. Penguin Books, Limited, 1986.

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Schaeffer, Susan Fromberg. The injured party. Hamish Hamilton, 1986.

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The injured party. St. Martin's Press, 1986.

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The injured party. St. Martin's Press, 1988.

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Publishing, Edupan7. SPANA's World Tea Party 2020 Gift : Math Riddles Puzzle Book for Sick and Injured Working Animals Caring Persons: Visitors Math Activity Book with Smart Animal Patterns. Independently Published, 2020.

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Countermeasures, the non-injured state and the idea of international community: Theory and practice in international law. Routledge, 2009.

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Book chapters on the topic "Injured party and defendant"

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Crämer, Cathrine. "Problem of the ‘Injured State’: Third-Party Countermeasures." In Humanitarian Countermeasures. Springer Fachmedien Wiesbaden, 2024. http://dx.doi.org/10.1007/978-3-658-45285-8_7.

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Pearce, Robert, and Warren Barr. "34. Specific performance." In Pearce & Stevens' Trusts and Equitable Obligations. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198745495.003.0034.

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This chapter concerns the remedy of specific performance. The remedy of specific performance is a remedy which applies only where someone has already engaged to do something, but has then failed to do so. An equitable remedy of specific performance is a personal remedy against the defendant, as equity acts in personam, and disobedience is classified as a contempt of court which can lead to imprisonment or other action. The remedy provides an alternative to an award of damages, and it may sometimes be awarded alongside damages. The remedy of specific performance evolved to allow the courts to c
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Nolan, Donal, and Ken Oliphant. "5. Causation and Scope of Liability." In Lunney & Oliphant's Tort Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780198865117.003.0005.

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Before liability can arise in negligence a causal link must be established between the negligence of the defendant and the injury for which the claimant claims compensation. The first hurdle that must be overcome is to show an historical connection between the defendant’s negligence and the injury (factual causation). This is normally decided by the application of the but-for test: but for the defendant’s negligence, would the claimant have suffered the injury that they did? If factual causation is satisfied, the claimant must then show that the defendant should be legally responsible for the
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Lunney, Mark, Donal Nolan, and Ken Oliphant. "5. Causation and Scope of Liability." In Tort Law: Text and Materials. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198745525.003.0005.

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Before liability can arise in negligence a causal link must be established between the negligence of the defendant and the injury for which the claimant claims compensation. The first hurdle that must be overcome is to show an historical connection between the defendant’s negligence and the injury (factual causation). This is normally decided by the application of the but-for test: but for the defendant’s negligence, would the claimant have suffered the injury that he or she did? If factual causation is satisfied, the claimant must then show that the defendant should be legally responsible for
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Lunney, Mark, Donal Nolan, and Ken Oliphant. "9. Negligence: Duty of Care—Omissions and Acts of Third Parties." In Tort Law: Text and Materials. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198745525.003.0009.

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This chapter examines liability for omissions and for the acts of a third party in negligence. Despite the general principle excluding liability for omissions, liability may arise in certain exceptional circumstances, but no precise categorisation is possible of the various situations in which a duty of affirmative action is recognised. The question of liability for the acts of a third party often overlaps with the question of liability for omissions because in a third party case the complaint is often of an omission, for example a failure to control a third party, or to prevent a dangerous si
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Nolan, Donal, and Ken Oliphant. "9. Negligence: Duty of Care—Omissions and Acts of Third Parties." In Lunney & Oliphant's Tort Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780198865117.003.0009.

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This chapter examines liability for omissions and for the acts of a third party in negligence. Despite the general principle excluding liability for omissions, liability may arise in certain exceptional circumstances, but no precise categorisation is possible of the various situations in which a duty of affirmative action is recognised. The question of liability for the acts of a third party often overlaps with the question of liability for omissions because in a third-party case the complaint is often of an omission, for example a failure to control a third party, or to prevent a dangerous si
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"Injured Party." In Encyclopedia of Evolutionary Psychological Science. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-319-19650-3_302505.

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Horsey, Kirsty, and Erika Rackley. "9. Causation and remoteness of damage." In Tort Law. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780192874481.003.0009.

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This chapter discusses the final ‘hurdle’ for the claimant to overcome in the tort of negligence—causation. The claimant must prove that their injuries were caused by the defendant’s actions in both fact and law. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the negligence). It is the type of harm that must be foreseeable, not its extent. The last par
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Horsey, Kirsty, and Erika Rackley. "9. Causation and remoteness of damage." In Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829270.003.0009.

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This chapter discusses the final ‘hurdle’ for the claimant to overcome in the tort of negligence—causation. The claimant must prove that their injuries were caused by the defendant’s actions in both fact and law. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the negligence). It is the type of harm that must be foreseeable, not its extent. The last par
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Horsey, Kirsty, and Erika Rackley. "9. Causation and remoteness of damage." In Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.003.0009.

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This chapter discusses the final ‘hurdle’ for the claimant to overcome in the tort of negligence—causation. The claimant must prove that their injuries were caused by the defendant’s actions in both fact and law. To establish cause in fact, the claimant must show, on the balance of probabilities, that the defendant’s breach caused their harm. Tests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the negligence). It is the type of harm that must be foreseeable, not its extent. The last par
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Conference papers on the topic "Injured party and defendant"

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Ferretti, Francesca. "THE PATIENT AS CONSUMER? A LEGAL ANALYSIS BETWEEN THE RIGHT TO HEALTH AND MARKET REGULATION." In 11th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2024. SGEM WORLD SCIENCE, 2024. https://doi.org/10.35603/sws.iscss.2024/vs02/19.

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The valorisation of a healthcare model centred on the active role of the patient has allowed its assimilation, from a legal perspective, to the figure of the consumer, characterised by ontological vulnerability and information asymmetry. This analogy is convincing in the hypothesis of the patient-direct user of medical devices, while it is more problematic in the presence of a therapeutic relationship between the patient and the healthcare provider, in particular medical facility. The assessment of compatibility between consumer and care relationship is conducted through the analysis of the Eu
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Škulić, Milan, and Ivana Miljuš. "The Impact of Basic Victimological Conceptions and the Idea of Restorative Justice on the Position of the Injured Party in Criminal Procedure: A Review of International Standards." In The Position of Victims in the Republic of Serbia. Institute of Criminological and Sociological Research, 2024. http://dx.doi.org/10.47152/palic2024.1.

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In this paper, the basic elements of the position of the injured party in criminal proceedings are explained, as well as the ratio legis for introducing appropriate criminal legal instruments for the protection of victims of crimes. A relevant victimological approach is important in both substantive and procedural criminal law. Modern criminal procedures include an appropriate restorative component, as a characteristic of so-called restorative justice. It is particularly important in criminal proceedings to ensure an adequate position for the injured party and to enable effective protection of
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Kreiža, Vladimír. "Odpovědnost za pomocníka‑zaměstnance: Jak udělat z hororu příběh s dobrým koncem." In Naděje právní vědy 2023. University of West Bohemia, Czech Republic, 2024. http://dx.doi.org/10.24132/zcu.nadeje.2023.342-351.

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This article focuses on the issue of employee liability. A certain anomaly has taken root in the Czech Republic since the 1960s. This anomaly consists of the fact that an employee cannot be sued for damages by an injured party. The injured party must always sue the employer instead of the employee. Although the legislature attempted to abolish this rule so that injured parties could sue the employee, the Supreme Court has prohibited this practice through its case law. This article criticizes the Supreme Court‘s approach. At the same time, it offers an alternative, that essentially means adopti
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Luik, Olavi-Juri, and Janno Lahe. "Granting Direct Claim Rights in Voluntary Liability Insurance to the Aggrieved Person in Estonian Insurance Practice: Via Insurance Contract Vs Claim Assignment." In The 9th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press,, 2024. http://dx.doi.org/10.22364/iscflul.9.2.17.

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In the Estonian Law of Obligations Act (LOA), the right of direct claim (actio directa) is guaranteed only if there is any obligatory liability insurance. In the case of voluntary liability insurance, the injured party has no direct claim against the insurer. In Estonian legal practice, the absence of a direct claim has been solved in two main ways: a) the policyholder and the insurer grant a direct claim to the injured party on the basis of an agreement between them, and b) by assignment of the claim. Both ways involve problems. Therefore, the article examines, inter alia, the pros and cons o
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Radovanovic, Milos. "ELEKTRIČNI TROTINETI I OSIGURANjE OD AUTOODGOVORNOSTI." In MODERNE TEHNOLOGIJE, NOVI I TRADICIONALNI RIZICI U OSIGURANjU. Association for Insurance Law of Serbia, 2021. http://dx.doi.org/10.46793/xxsav21.113r.

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Technological progress, importance of taking care of the environment and need for the “micro-mobility” of humans in the cities, have led to increased usage of electric scooters. Every means of transportation, including the scooter, cause of risk of a damage. Possibility of causing of the damage opens a question of the obligation of owners of the electric scooters to conclude motor third party liability insurance. Th is paper tries to give an answer on the question. Author also seeks to fi nd an answer on a question is the injured party entitled to receive compensation of damage from guarantee
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Jovičić, Katarina. "Proklamovano ili realno ostvarivo načelo pune kompenzacije štete? - Upoređivanje ugovorne i vanugovorne štete." In Prouzrokovanje štete, naknada štete i osiguranje. Institut za uporedno pravo, Udruženje za odštetno pravo, Pravosudna akademija, 2023. http://dx.doi.org/10.56461/zr_23.ons.17.

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The principle of full compensation of the aggrieved party governs the law of compensation of damages. To achieve this goal, the injured party must prove before the court or the arbitration that he suffered damage as well as its amount. That is neither an easy nor a simple task for him, especially when proving a loss of profits as a kind of material damage. It seems that the position of the aggrieved party from contractual damages is even more difficult due to the fact that contractual damages are hypothetical and can hardly be proven precisely in practice. Therefore, to prove loss of profit in
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Rapajić, Milan. "Odgovornost države za štetu usled terorističkih akata, javnih demonstracija ili manifestacija." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24162a.

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Among the special cases of responsibility, a very important place is held by the responsibility for damage caused by terrorist acts, public demonstrations and manifestations. Increased responsibility of the state for damages arising under the conditions in Article 180 of the Law on Obligations, should exist in terms of damages that are the result of bodily injury or death, but also in terms of damages caused directly to the material assets of natural persons. The Law on Obligations for this type of liability does not regulate damage caused to legal entities. In the paper, the author of de lege
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Podroikina, I. A. "Exemption from Criminal Liability in Connection with the Settlement with the Injured Party: Issues of Theory and Practice." In XVII International Research-to-Practice Conference dedicated to the memory of M.I. Kovalyov (ICK 2020). Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200321.102.

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Davidović, Dragan, Jovica Maksimović, and Ivana Milović. "LIMITATIONS IN THE PRACTICAL APPLICATION OF THE EUROPEAN REPORT AND REGULATIONS ON THE METHOD OF COLLECTING, STORING, AND DELIVERING DATA." In XXIII simpozijum sa međunarodnim učešćem Veštačenje saobraćajnih nezgoda i prevare u osiguranju. BBN Congress Management, Beograd, 2024. https://doi.org/10.46793/xxiiivestacenje.190d.

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In the area of damage compensation procedures for motor vehicles involved in traffic accidents, two significant innovations have been introduced to facilitate and rationalize the damage compensation process: the recording of traffic accidents with minor material damage through the European Accident Report, and damage compensation with the documentation of the accident using a Traffic Accident Inspection Report without the need for the injured party to obtain the report. In this case, the delivery of the Traffic Accident Inspection Report to the insurance companies is carried out electronically
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Умарова, Мадина Алиевна. "RESTITUTION AND RESTORATION AS FORMS OF INTERNATIONAL LEGAL RESPONSIBILITY." In Образование. Культура. Общество: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Июнь 2020). Crossref, 2020. http://dx.doi.org/10.37539/ecs291.2020.23.49.018.

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Государство, нарушая установленные в его отношении международно-правовые обязательства, совершает международно-противоправное деяние, тем самым нанеся определенный вред своими действиями пострадавшей стороне. В статье проанализированы реституция и ресторация как самостоятельные формы международно-правовой ответственности, их содержание и значение. The state, violating the international legal obligations established in relation to it, commits an internationally wrongful act, thereby inflicting certain harm by its actions to the injured party. The article analyzes restitution and restauration as
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Reports on the topic "Injured party and defendant"

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Drury, J., S. Arias, T. Au-Yeung, et al. Public behaviour in response to perceived hostile threats: an evidence base and guide for practitioners and policymakers. University of Sussex, 2023. http://dx.doi.org/10.20919/vjvt7448.

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Background: Public behaviour and the new hostile threats • Civil contingencies planning and preparedness for hostile threats requires accurate and up to date knowledge about how the public might behave in relation to such incidents. Inaccurate understandings of public behaviour can lead to dangerous and counterproductive practices and policies. • There is consistent evidence across both hostile threats and other kinds of emergencies and disasters that significant numbers of those affected give each other support, cooperate, and otherwise interact socially within the incident itself. • In emerg
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MGR Monthly Infographics Report: May 2024. Microgovernance Research Initiative (MGR), 2024. http://dx.doi.org/10.57189/mgrinfmay24.

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MGR recorded 1355 violent incidents during May 2024, mostly triggered by politics, access to resources, and other socio-economic factors. More than 243 deaths and 1345 injuries have been recorded from these incidents. The highest number of violent incidents have been recorded in the form of clashes and attacks (432). Some 280 incidents are directly political violence, protests and arrests which resulted in 24 deaths. Geographically, Chittagong (316) scores the highest number of violence followed by Dhaka (314), Rajshahi (245) and Barishal (152). There were 62 protests and demonstrations and on
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MGR Quarterly Infographics Report: April – June, 2024. Microgovernance Research Initiative (MGR), 2024. http://dx.doi.org/10.57189/mgrinfq6aj24.

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MGR recorded 3827 violent incidents during April to June 2024, mostly triggered by politics, access to resources, and other socio-economic factors. More than 770 deaths and 4356 injuries have been recorded from these incidents. The highest number of violent incidents have been recorded in the form of clashes and attacks (1318). Some 746 incidents are directly political violence, protests and arrests which resulted in 92 deaths. Geographically, Dhaka (895) scores the highest number of violence followed by Chittagong (890), Rajshahi (650) and Barishal (484). There were 199 protests and demonstra
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