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Relevant bibliographies by topics / Liability for damages

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Academic literature on the topic 'Liability for damages'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 April 2022

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Journal articles on the topic "Liability for damages"

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Adamov, Norbert. "Liability of vehicle operators for building defects - Possibilities based on doctrinal and comparative explication." Bratislava Law Review 1, no. 2 (2017): 96–107. http://dx.doi.org/10.46282/blr.2017.1.2.75.

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By operation of means of transport some damage may not appear suddenly but after long repeated influence. In such cases application of causality test ‘conditio sine qua non’ leads to the result that if it is not possible to determine some liable persons unambiguously, damages bears the damaged person. Such a conclusion is not in accordance with the conception of the heightened level of legal protection of damaged persons in cases of strict liability, which is also liability for damages caused by operation of means of transport. The solution may lies in the application of alternative causality

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Brans, Edward H. P. "Liability for Damage to Public Natural Resources under the 2004 EC Environmental Liability Directive: Standing and Assessment of Damages." Environmental Law Review 7, no. 2 (2005): 90–109. http://dx.doi.org/10.1177/146145290500700202.

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This article focuses on the April 2004 EC Directive on Environmental Liability (Directive 2004/35/CE). It examines its measure of damages, its framework for assessing damages and its provisions regarding the issue of standing. Comparisons will regularly be made with the United States Oil Pollution Act of 1990, its natural resource damage regulations and its provisions on locus standi. Finally, a comparison is made with international civil liability conventions that cover damage to natural resources. The goal of the analysis is to show that the Directive's rules on assessing damages are inspire

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Janků, Martin. "Liability of statutory organs in limited liability companies." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 59, no. 2 (2011): 121–28. http://dx.doi.org/10.11118/actaun201159020121.

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Statutory organs of business companies (and similarly of co-operatives) have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets be

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Katasheva, A. "Employee liability for damage." Bulletin of Science and Practice 5, no. 3 (2019): 421–25. http://dx.doi.org/10.33619/2414-2948/40/56.

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This article deals with topical issues of employee liability for damage caused, the amount of damage compensation. Based on the analysis of scientific opinions of Russian scientists, the problems of establishing worker’s liability for damages in labor legislation are investigated; there is no common understanding of the institution of material liability, which causes difficulty in identifying the fact of liability in current practice.

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Woody, William Douglas. "The Influence of Liability Information, Severity of Injury, and Attitudes toward Vengeance on Damage Awards." Psychological Reports 102, no. 1 (2008): 239–58. http://dx.doi.org/10.2466/pr0.102.1.239-258.

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This jury simulation study explored the effects of liability-related descriptive information, severity of injury, and attitudes toward vengeance on damage awards. 311 individual mock jurors read a trial summary describing a plaintiff injured in a motor vehicle accident. Half of the participants read liability-related descriptive information, theoretically unrelated to judgments concerning damages, and the other half did not. Half read about a mildly injured plaintiff, and the other half read about a severely injured plaintiff. In Phase 1 participants decided compensatory awards and in Phase 2

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Petrović Tomić, Nataša. "Liability Insurance as a (Social) Response to the Changing Regulatory Framework: From Prohibited to Compulsory." Anali Pravnog fakulteta u Beogradu, no. 4 (December 18, 2020): 80–97. http://dx.doi.org/10.51204/anali_pfub_20404a.

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The article analyzes the relationship between the institutions of liability and liability insurance, aimed at identifying the modalities of their interaction. Insurance indisputably affects the development and scope of tort law, but this influence is not one-sided. At the present development level it has been noted that liability insurance also plays an indispensable role in indemnity litigation. The development path of liability insurance shows that the developed legal order entails two mutually compatible systems. Whilst objective liability for damages is the response to numerous activities

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Lee, Chang-Hyun. "Product Liability and Punitive Damages." Justice 172 (June 30, 2019): 5–37. http://dx.doi.org/10.29305/tj.2019.06.172.5.

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Tridimas, Takis. "Member State Liability in Damages." Cambridge Law Journal 55, no. 3 (1996): 412–15. http://dx.doi.org/10.1017/s0008197300100327.

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Mihailović, Nikola. "The state liability for damages caused by its judicial authorities." Glasnik Advokatske komore Vojvodine 75, no. 9-10 (2003): 409–22. http://dx.doi.org/10.5937/gakv0312409m.

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A breach of any right or freedom under the Convention for the Protection of Human Rights and Fundamental Freedoms, leads to but is not limited to liability of the State for damages. That liability is much stricter than the State liability for damage provided according to the domestic law provisions currently in force. The current provisions on State liability for the work of its judiciary do not include the damage caused by improper interpretation and application of the relevant legal provisions. In contrast, the liability of the Council of Europe Member States for the damage caused by their j

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Jurkowska-Gomułka, Agata. "How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 61–77. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.3.

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The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively). The Directive does not determine the type of damage that can be awarded in civil proceedings. In theory, there are thus no barriers to establish punitive, multiple or other damages. In practice, it is rather unlikely that such types of damages will be awarded after the implementation of the Directive due to the ban placed on overcompensation in its Article 2(3). This paper will try to decode the concept of ‘ful

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Dissertations / Theses on the topic "Liability for damages"

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Leung, Yee-kwan Equeen, and 梁綺君. "Personal liability for environmental damages." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31253453.

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Leung, Yee-kwan Equeen. "Personal liability for environmental damages /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17457257.

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Hollyman, Robert James. "Liability and reliability, the reliance interest in negligence damages." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0001/MQ46029.pdf.

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Tollmann, Claus. "Die umweltrechtliche Zustandsverantwortlichkeit : Rechtsgrund und Reichweite ; eine rechtsvergleichende Untersuchung unter Berücksichtigung der Zustandsverantwortlichkeit gesicherter Kreditgeber /." Berlin : Duncker & Humblot, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/526946733.pdf.

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Kelley, Donald M. "The integration of nonstructural methods into flood loss reduction programs : an evaluation of a remaining obstacle /." This resource online, 1986. http://scholar.lib.vt.edu/theses/available/etd-08222008-063409/.

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Mackie, Colin P. N. "Corporate structures and environmental liability under EU law." Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=201704.

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Within the context of UK company law, this thesis proffers a robust solution to the problem of: (1) corporate shareholders utilising the limited liability attained from their shareholding in a subsidiary; and (2) group companies utilising the separate legal personality of an affiliated company, to avoid financial liability under EU environmental law. Analysis is confined to the framework of environmental liability implemented by the Environmental Liability Directive (the ‘ELD’). The ELD is based on the polluter-pays principle. This principle seeks, inter alia, to ensure that the person(s) resp

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Guégan-Lécuyer, Anne. "Dommages de masse et responsabilité civile /." Paris : L.G.D.J, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/519705521.pdf.

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Germano, Geandrei Stefanelli. "Punitive damages nas relações de consumo." Universidade de São Paulo, 2011. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-03102012-084841/.

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O estudo em comento tem por objetivo analisar se o instituto jurídico dos punitive damages, oriundo da Common Law, tem aplicabilidade no ordenamento jurídico nacional, particularmente no âmbito das relações de consumo. Para tanto, a presente obra, além de apresentar um panorama histórico da responsabilidade civil punitiva, expõe como tal responsabilidade vem sendo aceita no Brasil e conclui como sendo dois os seus principais instrumentos de atuação: a indenização punitiva e os punitive damages. Diferenciando-os, entendemos que os punitive damages eram os mais adequados a atual sociedade de con

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Pino-Emhart, Alberto. "Apologies and damages : the moral demands of tort law as a reparative mechanism." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5c1de602-c8a4-4de0-aa6c-4f4e8ec975be.

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This thesis seeks to justify on moral grounds the existence of tort systems. The argument is that corrective justice is necessary but not sufficient to succeed at this task. Corrective justice is necessary because it is the only principle that can adequately justify the bilateral structure of tort litigation between claimants and defendants, and full compensatory damages as the default remedy in most tort systems. However, it is argued that the critiques to corrective justice lead us to the important lesson that tort law is more than just corrective justice. Three gaps of corrective justice ar

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Yuen, Wai-ip Edmond. "A study of polluter pays principle policy in Hong Kong /." View the Table of Contents & Abstract, 2005. http://sunzi.lib.hku.hk/hkuto/record/B31365097.

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Books on the topic "Liability for damages"

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Ramos, Michael J. Environmental liability. American Institute of Certified Public Accountants, 1994.

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Ramos, Michael J. Environmental liability. American Institute of Certified Public Accountants, 1995.

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Holzer, Henry Mark. Harming companion animals: Liability and damages. Institute for Animal Rights Law, 2006.

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Marks, Francis. Industrial accidents: Employers' liability and damages. CCH Australia, 1987.

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Ashley, Stephen S. Bad faith actions--liability and damages. 2nd ed. West Group, 1997.

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Aluko, Oluwole. The principles of damages. Brighter Star Publishers, 2002.

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Aquino, Timoteo B. Torts and damages. Published & distributed by Rex Book Store, 2001.

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Torts and damages. Published & distributed by Rex Book Store, 2013.

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Environmental jurisprudence: Polluter's liability. LexisNexis Butterworths, 2007.

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O'Reilly, James T. U.S. environmental liability risks. Graham & Trotman/M. Nijhoff, 1995.

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Book chapters on the topic "Liability for damages"

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Ebert, Ina. "Punitive Damages and Liability Insurance." In Tort and Insurance Law. Springer Vienna, 2009. http://dx.doi.org/10.1007/978-3-211-92211-8_12.

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Coderch, Pablo Salvador, Sonia Ramos González, and Rosa Milá Rafel. "Catastrophic Damages: Liability and Insurance." In General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé. Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-2354-2_4.

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Haba, Michael. "State Liability in Damages Before Francovich." In The Case of State Liability. Springer Fachmedien Wiesbaden, 2014. http://dx.doi.org/10.1007/978-3-658-08080-8_2.

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Zhang, Xinbao. "On Legislation of Punitive Damages." In Legislation of Tort Liability Law in China. Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-6961-1_19.

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"Punitive Damages." In Vicarious Liability. Hart Publishing, 2018. http://dx.doi.org/10.5040/9781509920266.ch-011.

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Berry, Elspeth, Matthew J. Homewood, and Barbara Bogusz. "8. EU liability in damages." In Complete EU Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198790976.003.0008.

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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on the non-contractual liability of the EU for damages. The discussions cover the jurisdiction of the EU Courts; the meaning of ‘general principles common to the laws of the Member States’; wrongful acts by EU institutions; actual damage; causation; the relationship between actions for damages against the EU and actions for damages against Member States; and the relationship between actions for damages against the EU and actions against it for annulment of EU law.

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Berry, Elspeth, Matthew J. Homewood, and Barbara Bogusz. "8. EU liability in damages." In Complete EU Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836216.003.0008.

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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter focuses on the non-contractual liability of the EU for damages. The discussions cover the jurisdiction of the EU Courts; the meaning of ‘general principles common to the laws of the Member States’; wrongful acts by EU institutions; actual damage; causation; the relationship between actions for damages against the EU and actions for damages against Member States; and the relationship between actions for damages against the EU and actions against it for annulment of EU law.

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Costanza, Robert. "Liability for Environmental Damages." In Gulf War Reparations and the UN Compensation Commission. Oxford University Press, 2011. http://dx.doi.org/10.1093/acprof:osobl/9780199732203.003.0011.

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Berry, Elspeth, Matthew J. Homewood, and Barbara Bogusz. "EU liability in damages." In Complete EU Law. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199595310.003.0008.

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Mark, Brealey, and George Kyla. "16 Damages." In Competition Litigation. Oxford University Press, 2019. http://dx.doi.org/10.1093/law-ocl/9780199665075.003.0016.

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This chapter examines the processes used to quantify damages in competition cases. It begins with a discussion of compensatory damages and the various ways that they are assessed by the courts. Compensatory damages are designed to restore the claimant to the position the claimant would have been in had the restrictive conduct not occurred. Hence, the assessment necessarily involves a hypothetical scenario known as a counterfactual. Other factors to consider in calculating damages include proof of loss and collateral benefits. The chapter proceeds by analysing the remoteness of damage, focusing on the burden of proving causation, the scope of the defendant’s liability, and contingencies. It also explains how damages may be reduced because of a failure to mitigate or through contributory negligence, before concluding with an overview of the issue of pass-on, the principle of joint and several liability for the damage, and contribution proceedings.

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Conference papers on the topic "Liability for damages"

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Petrović, Danijela. "LEGAL AND ECONOMIC ASPECTS OF LIABILITY FOR DAMAGES." In "Social Changes in the Global World". Универзитет „Гоце Делчев“ - Штип, 2021. http://dx.doi.org/10.46763/scgw211249p.

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Paulo Capelotti, João. "Humor and damages: civil Liability for offensive jokes in Brazil." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg139_01.

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McLaughlin, Patrick A. "First for Repairs, Then for Damages: Environmental Liability and Environmental Stewardship in Railroad Stock Prices." In 2010 Joint Rail Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/jrc2010-36212.

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Using event study techniques, I test capital market reactions to environmental damages caused by hazardous materials (hazmat) spills in train accidents. Controlling for property damages, human injuries and lives lost, and other relevant factors, I find that the average hazmat spill is correlated with a small but statistically significant decrease in the daily stock return of the railroad involved in the spill. Further, by exploiting an exogenous change in maximum legal environmental damages liability, I test whether this market reaction to hazmat spills reflects incorporation of damages to eco

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Özkan, Arda. "Transboundary Environmental Damages in the Black Sea Basin and Regional Liability Regime." In International Conference on Eurasian Economies. Eurasian Economists Association, 2013. http://dx.doi.org/10.36880/c04.00596.

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The Black Sea is a significant basin where transboundary environmental damage activities take place. The environmental problems in the Black Sea are not only on the agenda of six Black Sea littorals, but also the states in the wider Black Sea basin. The large scales of strategic, economical and political problems in the region require entrepreneurship and co operations of the other states on the same platform. This study has two main environmental security dimensions: One of them is identifying the damages and opponents; the other one is the security problem in transboundary environment and th

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White, Nancy J., Sigitas Mitkus, and Renata Cibulskienė. "Classification of a defect as breach of contract or tort: a comparative study of the U.S. and the Republic of Lithuania." In Contemporary Issues in Business, Management and Economics Engineering. Vilnius Gediminas Technical University, 2019. http://dx.doi.org/10.3846/cibmee.2019.067.

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Purpose – this paper compares the approach of United States’ law and Lithuanian law in classifying a construction defect as a breach of contract or tort. Research methodology – the paper uses case studies to analyze. Unites States’ law approach divides damages into damages for breach of contract and tort damages. According to Lithuanian law, civil liability is assigned to contractual and non-contractual (tort) liability depending on the nature of the unlawful actions. Findings – the cases demonstrate that a defect usually is considered a breach of contract. Different types of damages are recov

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WenFeng, Xu. "Analysis of the Expansion of Punitive Damages in the Tort Liability of Intellectual Property Rights." In 2017 International Conference on Humanities Science, Management and Education Technology (HSMET 2017). Atlantis Press, 2017. http://dx.doi.org/10.2991/hsmet-17.2017.228.

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Straub, Jeremy, and Joe Vacek. "Liability in UAV / UAS operations: Consideration of who should bear the cost of damages in UAV / UAS accidents." In 2015 International Conference on Unmanned Aircraft Systems (ICUAS). IEEE, 2015. http://dx.doi.org/10.1109/icuas.2015.7152301.

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Milojević, Marija. "USLUGA NAMIRENJA IMOVINSKOPRAVNOG ZAHTEVA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.1005m.

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The paper presents a continuation of the research on the problem of realization of compensation for damage caused by the commission of criminal offense. In the first paper created within the same project, the author laid the foundations of the problem, dealing with the theoretical notion of damage caused by a criminal offense, the notion of civil torts and tortious liability, and the distinction between the notion of damage and the consequence of a criminal offence. This time, the author will concentrate on settling the receivables for damages by presenting the entire path that one claim for d

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Kardon, Joshua B. "Forensic Engineering: Risks of Performance-Based Engineering for Sustainability or Resilience." In IABSE Symposium, Guimarães 2019: Towards a Resilient Built Environment Risk and Asset Management. International Association for Bridge and Structural Engineering (IABSE), 2019. http://dx.doi.org/10.2749/guimaraes.2019.0775.

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<p>Professional engineers in the US may be found negligent and therefore liable for damages arising from failure to exercise a level of care, diligence, and skill exercised by other reputable practitioners in similar circumstances. If the professional engineer has accepted the obligation to design for sustainability or resilience, where those terms or performance levels are ill-defined or open to interpretation depending on assumptions or outcomes, the professional engineer may be accepting an extreme or uninsurable risk.</p><p>This paper describes the standard of care, which

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Kardon, Joshua B. "Forensic Engineering: Professional Liability Risks of Engineering Sustainable Materials and Systems, Designing for Durability, and Pushing Materials to Their Limits." In IABSE Congress, New York, New York 2019: The Evolving Metropolis. International Association for Bridge and Structural Engineering (IABSE), 2019. http://dx.doi.org/10.2749/newyork.2019.1815.

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<p>Professional engineers in the US may be found negligent and therefore liable for damages arising from failure to exercise a level of care, diligence, and skill exercised by other reputable practitioners in similar circumstances in an effort to accomplish the purpose for which the professional engineer was hired. If the professional engineer has accepted the obligation to design for sustainability or durability, or where materials, elements, or assemblies are intended by design to be “pushed to their limits” in normal service, the professional engineer may be accepting an extreme or un

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Reports on the topic "Liability for damages"

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Ayala, David, Ashley Graves, Colton Lauer, et al. Flooding Events Post Hurricane Harvey: Potential Liability for Dam and Reservoir Operators and Recommendations Moving Forward. Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, 2018. http://dx.doi.org/10.37419/eenrs.floodingpostharvey.

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When Hurricane Harvey hit the Texas coast as a category 4 hurricane on August 25, 2017, it resulted in $125 billion in damage, rivaling only Hurricane Katrina in the amount of damage caused. It also resulted in the deaths of 88 people and destroyed or damaged 135,000 homes. Much of that devastation was the result of flooding. The storm dumped over 27 trillion gallons of rain over Texas in a matter of days. Some parts of Houston received over 50 inches of rainfall. The potential liability that dam and reservoir operators may face for decisions they make during storm and flooding events has now

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Mengak, Michael T. Wildlife Translocation. U.S. Department of Agriculture, Animal and Plant Health Inspection Service, 2018. http://dx.doi.org/10.32747/2018.7210105.ws.

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Many people enjoy wildlife. Nationwide, Americans spend over $144 billion annually on fishing, hunting, and wildlife-watching activities. However, wildlife is not always welcome in or near homes, buildings, or other property and can cause significant damage or health and safety issues. Many people who experience a wildlife conflict prefer to resolve the issue without harming the offending animal. Of the many options available (i.e., habitat modification, exclusion, repellents) for addressing nuisance wildlife problems, translocation—capturing and moving—of the offending animal is often perceiv

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