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Books on the topic 'Injured party and defendant'

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Published: 4 June 2025
Last updated: 1 August 2025

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1

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

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2

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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3

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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4

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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5

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

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6

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

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7

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

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8

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

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9

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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10

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

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11

New York (State). Court of Appeals. and New York (State). Superior Court (New York). Case of Catharine N. Forrest, Plaintiff, Against Edwin Forrest, Defendant: Containing the Record in the Superior Court of the City of New York, the Opinions in That Court, the Statement and Points for Each Party in the Court of Appeals and the Judgment Of. Creative Media Partners, LLC, 2023.

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12

New York (State). Court of Appeals. and New York (State). Superior Court (New York). Case of Catharine N. Forrest, Plaintiff, Against Edwin Forrest, Defendant: Containing the Record in the Superior Court of the City of New York, the Opinions in That Court, the Statement and Points for Each Party in the Court of Appeals and the Judgment Of. Creative Media Partners, LLC, 2023.

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13

Sime, Stuart. 20. Additional Claims under Part 20. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.2299.

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This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a se
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14

Sime, Stuart. 20. Additional Claims under Part 20. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.2299.

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This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a se
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15

Sime, Stuart. 20. Additional Claims under Part 20. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.2299.

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This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a se
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16

Ewan, McKendrick. Ch.7 Non-performance, s.4: Damages, Art.7.4.1. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0150.

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This commentary analyses Article 7.4.1 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the right of the aggrieved party to recover damages. According to Art 7.4.1, any non-performance gives the aggrieved party a right to damages either exclusively or in conjunction with any other remedies except where the non-performance is excused under these Principles. The right of the aggrieved party to recover damages depends upon proof of non-performance by the other party to the contract. There is no requirement that the aggrieved party prove that the non-performance w
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17

Keane, Adrian, and Paul McKeown. 4. The burden and standard of proof. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811855.003.0004.

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This chapter discusses the rules governing which party bears the legal and evidential burdens on which facts in issue. These rules can determine the eventual outcome of proceedings; determine which party has the right to begin adducing evidence in court; in what circumstances a defendant, at the end of the case for the prosecution, or claimant, may make a successful submission of no case to answer; and how the trial judge should direct the jury. The chapter begins by defining and distinguishing the legal, evidential, and other burdens, and then considers in detail which burden is borne by each
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18

French, Derek. 1. Overview. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0001.

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This chapter provides an overview of the work’s contents. It introduces the basic ideas of company law. A company is an artificial legal person capable of owning property, being a party to contracts, and being a claimant or defendant in legal proceedings. A company is created by registration at Companies House under the Companies Act 2006. A company is both an association of members (shareholders) and a person separate from its members. Members are not liable for the company’s debts. Members are only liable to make an agreed capital contribution in return for their shares. Members appoint dire
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19

Trevor C, Hartley. Part II Jurisdiction, 9 Multiple Parties and Multiple Claims. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0009.

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This chapter is concerned with the jurisdictional problems caused by the existence of multiple parties or multiple claims in the same proceedings. Article 8 of Brussels 2012 and Article 6 of Lugano 2007 deal with these matters. These provisions focus on special jurisdiction in that they apply only where a defendant domiciled in one Member State is sued in another Member State. The discussions cover rules on multiple claimants, multiple defendants, third-party proceedings, multiple claims, counterclaims, set-off, and claims relating to contract and immovable property. These rules are all subjec
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20

French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 1. Introduction. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0001.

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Overview of the work’s contents: overview of English company law, the context in which it has developed, its purpose and history, controversy over company law and its fundamental nature. Introduces the idea of a company as a separate, artificial person capable of owning property, being a party to contracts, and being a claimant or defendant in legal proceedings. Discusses other main themes that recur in the book, including ownership and control of a company and corporate governance, corporate finance, transparency and disclosure, the distinction between public and private companies, and pickin
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21

Ferzan, Kimberly Kessler. Omissions, Acts, and the Duty to Rescue. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190683450.003.0012.

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In criminal law, if the defendant omits to perform an action, he will typically not be liable unless he is under a duty to act. This chapter argues that the reason that individuals do not generally have a duty to rescue is part and parcel of a broader principle that also applies to acts. The means principle underlies the reason individuals need not act absent a duty, the constraint that their bodies and property may not be appropriated for the general good, and the permissibility of performing actions that allow others to be harmed. This principle also extends to a set of cases that look nothi
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22

Spencer, Maureen, and John Spencer. 10. Privilege and public policy. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198715795.003.0010.

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The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and diagrams and flow charts. This chapter covers evidence excluded for policy or public interest considerations: public interest immunity (PII). A party, witness or non-participant in proceedings may refuse to disclose information, papers or answer questions, even though such material may be highly relevant and reliable. If PII applies, neither party has access to the evidence. For privi
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23

Kobayashi, Bruce. Economics of Litigation. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684250.013.006.

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This chapter examines the basic model of the law and economics of litigation, focusing on private civil litigation, in particular the litigation value of a lawsuit and the incentives for filing a suit. It begins with the one-stage single plaintiff/single defendant investment model of litigation, and describes the conditions for filing, default, settlement, and litigation. It examines the effects of litigation cost- and fee-shifting and the effects of percentage contingency fee arrangements within the standard one-stage model. The model is modified to take into account sequencing and option val
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24

Deakin, Simon, Angus Johnston, and Basil Markesinis. 19. Vicarious Liability. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199591985.003.0019.

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Vicarious liability is liability imposed on an employer to a third party for the tort of his employee committed in the course of employment. Vicarious liability is another instance of stricter liability in the sense that the employer who is not at fault is made responsible for the employee’s default. It thereby gives the injured party compensation from the person who is better able to pay and spread the cost of the injury, namely the employer. Anyone who wishes to hold an employer vicariously liable must prove: that the offender was his employee; that he committed a tort; and that he committed
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25

Danae, Azaria. 4 The Nature of International Obligations Regarding Transit of Energy: from Bilateral to Indivisible Obligations. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198717423.003.0004.

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Chapter 4 classifies treaty obligations concerning transit with a view to determining which state is injured under the law of international responsibility and can invoke responsibility including by recourse to countermeasures against the responsible transit state. The question posed is to whom is each obligation owed. The analysis in this chapter also assists in determining which treaty party may have recourse to means available in the treaty where the treaty does not contain sufficiently express rules on standing, a matter which is analysed in Chapter 6. The analysis illustrates the polyphony
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26

Sime, Stuart. 26. Security for Costs. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.3123.

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The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provi
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27

Sime, Stuart. 26. Security for costs. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.3123.

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The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provi
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28

Sime, Stuart. 26. Security for costs. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.3123.

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The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provi
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29

Tullio, Scovazzi. 6 Responsibility, 6.4 Admissibility of the Application by Vlastimir and Borka Banković, Živana Stojanović, Mirjana Stoimenovski, Dragana Koksimović, and Dragan Suković against Belgium, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Turkey, and the United Kingdom , European Court of Human Rights, Grand Chamber Decision, [2001]. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0032.

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The Bankovic case is one of few cases in which the European Court of Human Rights took a position that, without an acceptable explanation, restricts the application of rights granted by the European Convention on Human Rights. The application was submitted by individuals who put forward that in 1999 seventeen states parties violated art. 2 (right to life) of the Convention by bombing by aircraft the television and radio station in Belgrade. As a consequence of this NATO directed operation sixteen civilians were killed and another sixteen were seriously injured. The Court found that it had no j
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30

Annalisa, Ciampi. Part IV Invalidity and Termination of Treaties, 22 Invalidity and Termination of Treaties and Rules of Procedure. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:oso/9780199588916.003.0022.

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As a rule, treaties do not come to an end automatically but entitle the injured state or all states parties to the treaty (as the case may be) to plead on the basis thereof the invalidity or termination of a treaty. In principle, therefore, it is up to the discretion of the party(ies) concerned to make the relevant choices. In this respect, no general role of the judiciary can be grounded in specific national provisions, application by analogy of the rules on the treaty-making power, or the courts' power to interpret the applicable law. A customary rule, however, has emerged on the basis of wh
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31

Nair, Aruna. Claims to Traceable Proceeds. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813408.001.0001.

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This book explains the rational basis of the law of tracing, and why and when English law makes claims to traceable proceeds available. Tracing enables a claimant to make a proprietary claim to an asset acquired by a defendant from a third party, on the grounds that that asset represents the ‘traceable proceeds’ of another asset that belonged to the claimant. The book argues that the rules that allow this connection between assets to be established—the rules of tracing—aim to strike a balance between preserving the autonomy of defendants in making decisions to acquire or retain assets and prev
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32

Haverty-Stacke, Donna T. The Fierce Life of Grace Holmes Carlson. NYU Press, 2020. http://dx.doi.org/10.18574/nyu/9781479802180.001.0001.

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On December 8, 1941, Grace Holmes Carlson, the only female defendant among eighteen Trotskyists convicted under the Smith Act, was sentenced to sixteen months in federal prison for advocating the violent overthrow of the government. After serving a year in Alderson prison, Carlson resumed organizing for the Socialist Workers Party (SWP) and ran for vice president of the United States under its banner in 1948. Then, in 1952, she abruptly left the SWP and returned to the Catholic Church. With the support of the Sisters of St. Joseph, who had educated her as a child, Carlson began a new life as a
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33

Hinton, Alexander Laban. Aesthetics (Theary Seng, Vann Nath, and Victim Participation). Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820949.003.0007.

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The second part of the book, “Turbulence,” centers on the transitional justice encounter of three survivors (Theary Seng, Vann Nath, and Bou Meng) involved in victim participation at the Extraordinary Chambers in the Courts of Cambodia (ECCC). Chapter 4, for example, is loosely structured around the idea of aesthetics and the experience of two victims who participated in the proceedings, Theary Seng and former S-21 prisoner Vann Nath. If the 2008 reenactment highlighted the performative dimensions of the transitional justice imaginary, it also suggested an implicit aesthetics as a former priso
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