Relevant bibliographies by topics / Rebuttable Presumption of Reliance

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Academic literature on the topic 'Rebuttable Presumption of Reliance'

Author: Grafiati
Published: 4 June 2021
Last updated: 19 February 2022

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Journal articles on the topic "Rebuttable Presumption of Reliance"

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Crofts, Thomas. "Reforming the age of criminal responsibility." South African Journal of Psychology 46, no. 4 (August 2, 2016): 436–48. http://dx.doi.org/10.1177/0081246316640116.

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This article discusses the age at which criminal responsibility should begin and whether there is still a need for the rebuttable presumption of doli incapax. It clarifies the various meanings given to the concept of the age of criminal responsibility and considers its importance. Some common law countries have moved away from the traditional position of a minimum age level of 7 years and a rebuttable presumption of doli incapax from 7 years until 14 years. In doing so, there has been a tendency to raise the minimum age of criminal responsibility to 12 years and abolish the rebuttable presumption of doli incapax. After analysising these changes, the article argues that there is still a place for this presumption unless and until the minimum age of criminal responsibility is raised to the level preferred by the United Nations Committee on the Right of the Child.
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Batagol, Becky. "A Rebuttable Presumption of Joint Custody." Alternative Law Journal 28, no. 5 (October 2003): 230–34. http://dx.doi.org/10.1177/1037969x0302800505.

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Stanioch, Karol. "Is there a need to introduce a presumption of an employment relationship into the Polish legal system?" Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 35 (June 10, 2021): 201–17. http://dx.doi.org/10.19195/1733-5779.35.13.

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The article contains reflections on the legitimacy of introducing the presumption of the employment contract’s labor law character into the polish legal system, the possible shape of such a regulation and the manner of its introduction in relation to the axiological assumptions of the labour law. The author joins the discussion on the presumption by referring to the views presented by legal scholars on the subject and analyzing the presumptions existing in the Netherlands, Switzerland, and Slovenia. In his conclusions, he supports the introduction of the presumption in material and rebuttable form.
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Staff, Natalie. "The Severability Regime and Its Customary Elements: A Presumption Rebuttable ‘at Any Time’." Nordic Journal of International Law 87, no. 2 (June 7, 2018): 89–153. http://dx.doi.org/10.1163/15718107-08702001.

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This article examines guideline 4.5.3 of the International Law Commission’s (ILC) Guide to Practice on Reservations to Treaties. The guideline establishes a presumption for severability of invalid reservations, which can be overturned by the author ‘at any time’. The present article maps out and makes an overall assessment of some of the major concerns that have been raised regarding the severance presumption and the element ‘at any time’. Special attention is paid to the severance presumption’s development prior to and after the adoption of the Guide in 2011 and the possibly customary elements of the severance doctrine. With regards to ‘at any time’, the article examines some possible future concerns or benefits.
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Fitz-Gibbon, Kate, and Wendy O'Brien. "A Child’s Capacity to Commit Crime: Examining the Operation of Doli Incapax in Victoria (Australia)." International Journal for Crime, Justice and Social Democracy 8, no. 1 (February 19, 2019): 18–33. http://dx.doi.org/10.5204/ijcjsd.v8i1.1047.

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The rebuttable presumption of doli incapax is available in all Australian states and territories and provides that, where a child is unable to comprehend the distinction between actions that are ‘seriously wrong’ and those that are ‘naughty or mischievous’, they cannot be held criminally responsible for their actions. Despite the key role that doli incapax should play in diverting the youngest offenders away from the criminal justice system, its operation to date has been largely unexamined. This article seeks to directly address this gap. Drawing on the experiences of those involved in all aspects of the youth justice system, this article examines the need for, and the effectiveness of, the presumption of doli incapax in Victoria, Australia. Revealing inconsistencies in the use of the presumption, the article also examines the need for future reform of this area of law.
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Christou, Theodora A., and Sam Fowles. "Failure to Protect Girls from Female Genital Mutilation." Journal of Criminal Law 79, no. 5 (October 2015): 344–57. http://dx.doi.org/10.1177/0022018315603593.

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Whilst FGM had been a crime in the UK for over 2 decades, over 60, 000 girls continued to be mutilated. In 2015 the UK took its international obligations to protect girls from such physical harm more seriously and enacted new legislation. This article focuses on the parental responsibility to protect their daughter from harm and their criminal liability if they fail to take adequate action to prevent the mutilation occurring. We explore the socio-legal setting, the gaps in the law, the state's international obligations and finally the newly introduced rebuttable presumption.
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Sunstein, Cass R. "Behavioral Welfare Economics." Journal of Benefit-Cost Analysis 11, no. 2 (2020): 196–220. http://dx.doi.org/10.1017/bca.2020.14.

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AbstractA growing body of normative work explores whether and how deference to people’s choices might be reconciled with behavioral findings about human error. This work has strong implications for economic analysis of law, cost–benefit analysis, and regulatory policy. In light of behavioral findings, regulators should adopt a working presumption in favor of respect for people’s self-regarding choices, but only if those choices are adequately informed and sufficiently free from behavioral biases. The working presumption should itself be rebuttable on welfare grounds, with an understanding that the ends that people choose might make their lives go less well. For example, people might die prematurely or suffer from serious illness, and what they receive in return might not (on any plausible account of welfare) be nearly enough. The underlying reason might involve a lack of information or a behavioral bias, identifiable or not, in which case intervention can fit with the working presumption, but the real problem might involve philosophical questions about the proper understanding of welfare, and about what it means for people to have a good life.
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McDougall, Rosalind. "The Ethics of Fertility Preservation for Paediatric Cancer Patients: From Offer to Rebuttable Presumption." Bioethics 29, no. 9 (October 19, 2015): 639–45. http://dx.doi.org/10.1111/bioe.12190.

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Fentiman, Richard. "COMMERCIAL EXPECTATIONS AND THE ROME CONVENTION." Cambridge Law Journal 61, no. 1 (March 7, 2002): 1–52. http://dx.doi.org/10.1017/s0008197302381509.

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WHICH law governs a contract where none has been chosen by the parties? The solution lies in Articles 3 and 4 of the 1980 Rome Convention on the Law Applicable to Contractual Obligations. Article 3 allows a court to infer the parties’ intentions from the circumstances. But such intentions must be “real”, not presumed, and in the absence of genuine consent, Article 4 provides that the applicable law is that most closely connected with the contract. Under Article 4(2) this is (in effect) the law in force where the supplier of goods or services is located, or (if relevant) has a branch—for the supplier’s performance is invariably “characteristic” of a contract, in the sense intended by the Convention. But any clarity thereby won is immediately lost because the presumption is rebuttable under Article 4(5) whenever a contract is better connected with another law, exposing Article 4(2) to the risk of constant challenge. The presumption is especially vulnerable because it will so seldom be appropriate to apply the supplier’s law, the law of the place of performance frequently having a stronger claim to govern. Perplexingly, it is a presumption more apt to be rebutted than applied.
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Gordon, Randy D. "Fictitious fraud: economics and the presumption of reliance." International Journal of Law in Context 9, no. 4 (December 2013): 506–19. http://dx.doi.org/10.1017/s174455231300027x.

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AbstractIn the popular imagination, legal proceedings and their rules of law are thought of as paths to unalloyed truth. Both practitioners and scholars know this is often not the case because the law is, as are other domains, riddled with fictions. Indeed, the law sometimes borrows fictions from other domains to help it achieve results that would otherwise be unobtainable. One such place is securities law, in which courts in the United States have borrowed the concept of the ‘efficient market’ from economics to make fraud class actions possible. But that concept is – if not wholly – at least in good measure fictional.
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Dissertations / Theses on the topic "Rebuttable Presumption of Reliance"

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Stuart, Candace. "The effect of domestic violence in custody proceedings, and recommendations for Florida law." Honors in the Major Thesis, University of Central Florida, 2008. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1145.

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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.
Bachelors
Health and Public Affairs
Legal Studies
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Rodrigues, Cláudia Peredo. "O regime jurídico da presunção de aceitação do despedimento em razão da aceitação da compensação." Master's thesis, 2019. http://hdl.handle.net/10400.14/28653.

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Com a presente Dissertação procedemos à análise do regime jurídico da presunção de aceitação do despedimento em razão da aceitação da compensação pelo trabalhador. Este é um tema que impõe uma premente reflexão, principalmente quando confrontado com as limitações que acarreta para os direitos dos trabalhadores e, em especial, para o direito de impugnação judicial do despedimento. Em resultado das díspares interpretações jurisprudenciais e doutrinais, assistimos a uma profunda incerteza acerca do regime em causa. Pelo que, nessa medida, nos propomos a indagar acerca da presunção em geral (com todos os efeitos e consequências) e do seu afastamento em particular, culminando numa apreciação crítica que nos permite ficar com a certeza de que, apesar de todo o percurso percorrido pelo legislador e de todos os esforços prestados pelos seus intérpretes, o regime legal carece de ser repensado e, eventualmente, revisto.
With the present dissertation we will analyze the legal regime regarding the presumption of acceptance of dismissal on the grounds of acceptance of a compensation by the employee. This is a theme that calls for a compelling reflection, mainly when confronted with the limitations it poses on worker’s rights, and especially, the right to contest, by judicial means, the regularity of the dismissal. Resulting from the different interpretations in case law and literature, there is a deep uncertainty regarding this regime. Therefore, to this extent, we propose to inquire about the presumption in general (with all its effects and consequences), and to its distancing in particular, which will culminate in a critical appreciation that will guarantee us that, even though the path taken by the legislator and all the efforts of its interpreters, the legal regime is in need to be reconsidered and, eventually, reviewed.
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Books on the topic "Rebuttable Presumption of Reliance"

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United States. Dept. of Agriculture, ed. The biologic and economic assessment of benomyl: A report of the Benomyl assessment team to the rebuttable presumption against registration of Benomyl. [Washington, D.C.?]: U.S. Dept. of Agriculture, 1985.

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Tobias, Lock. 6 Responsibility, 6.5 Bosphorus Hava Yollari Turizm veTicaret Anonim Sirketi v Ireland , App. No. 45036/98, European Court of Human Rights, 30 June 2005. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0033.

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In Bosphorus the ECtHR introduced the so-called Bosphorus presumption: if a member state of an international organization acted in compliance with an obligation arising from its membership and had no discretion, there is a rebuttable presumption that the member state has complied with its obligations under the ECHR provided that the organization itself ensures a protection of fundamental rights equivalent to what the Convention requires. The Court considered that the European Union met this test. If an organization provides equivalent protection, the presumption can be rebutted, but only if this protection was manifestly deficient in the concrete case. By formulating the presumption the ECtHR showed a great deal of respect for the European Court of Justice and placed the relationship between the two European courts on relatively solid ground. A number of questions remain, however.
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Ullmann-Margalit, Edna. On Not Wanting to Know. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198802433.003.0005.

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A common assumption of practical reasoning is that, in order to act rationally, agents are to act on the basis of the totality of evidence available to them. Common practice and introspection, however, suggest that people often do not want to know. The chapter explores various aspects of the phenomenon of not wanting to know in an attempt to find out whether it is inherently unreasonable. The exploration leads, first, to weakening the principle of total evidence through replacing it with a rebuttable presumption in favor of additional knowledge. The sustainability of this presumption is then examined in light of the large variety of circumstances in which it seems to be reasonably rebutted. The alternative which in the end is recommended is to give up both the general principle and the presumption, and adopt instead something like a case by case cost-benefit approach, where the value of additional knowledge is matched up against its cost.
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Book chapters on the topic "Rebuttable Presumption of Reliance"

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Gordon, Randy D. "Fictitious Fraud: Economics and the Presumption of Reliance." In Legal Fictions in Theory and Practice, 385–403. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-09232-4_18.

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Notani, Sanjay, Parthsarathi Jha, and Rishab Raturi. "‘Rebuttable Presumption’ to ‘Refutable Assumption’: An Assessment of Market Economy Treatment by the Indian Designated Authority from 1995 till 2018." In Non-market Economies in the Global Trading System, 281–302. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-13-1331-8_11.

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O’Sullivan, Janet. "11. Undue influence." In O'Sullivan & Hilliard's The Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807827.003.0011.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines undue influence in a contract, which is a vitiating factor and also a ground of restitution. It explains that undue influence is hard to define and can more easily be recognised when found than exhaustively analysed in the abstract. This chapter investigates how undue influence is proved by means of a rebuttable presumption based on a relationship of trust and confidence coupled with a transaction that calls for an explanation, and how the resulting presumption is rebutted. It then covers the remedy of rescission for undue influence. Finally it explores undue influence in three party cases, where relief depends on whether the contracting party had notice, actual or constructive, of the undue influence and whether it had taken reasonable steps.
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O’Sullivan, Janet. "11. Undue influence." In O’Sullivan & Hilliard’s The Law of Contract, 280–99. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198853176.003.0011.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines undue influence in a contract, which is a vitiating factor and also a ground of restitution. It explains that undue influence is hard to define and can more easily be recognised when found than exhaustively analysed in the abstract. This chapter investigates how undue influence is proved by means of a rebuttable presumption based on a relationship of trust and confidence coupled with a transaction that calls for an explanation, and how the resulting presumption is rebutted. It then covers the remedy of rescission for undue influence. Finally it explores undue influence in three party cases, where relief depends on whether the contracting party had notice, actual or constructive, of the undue influence and whether it had taken reasonable steps.
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Arvind, TT. "4. Contracts and informal relations." In Contract Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198703471.003.0004.

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This chapter focuses on the requirement that the parties to a contract must have the intention to create legal relations for it to become legally binding. It considers how we decide whether the parties to a particular agreement had the intention to enter into legal relations, showing that English law operates by means of rebuttable presumptions. It then examines cases where the presumption is that the parties did not intend to create legal relations — that they intended their transaction to be merely friendly or social, rather than legal. It also discusses commercial transactions, where the presumption is reversed, and more specifically the types of commercial transactions that are structured to place them outside the bounds of legal enforcement. The chapter includes the case of Balfour v Balfour [1919] 2 KB 571 (CA).
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Arvind, TT. "4. Contracts and informal relations." In Contract Law, 94–113. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829263.003.0004.

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This chapter focuses on the requirement that the parties to a contract must have the intention to create legal relations for it to become legally binding. It considers how we decide whether the parties to a particular agreement had the intention to enter into legal relations, showing that English law operates by means of rebuttable presumptions. It then examines cases where the presumption is that the parties did not intend to create legal relations—that they intended their transaction to be merely friendly or social, rather than legal. It also discusses commercial transactions, where the presumption is reversed, and more specifically the types of commercial transactions that are structured to place them outside the bounds of legal enforcement. The chapter includes the case of Balfour v Balfour [1919] 2 KB 571 (CA).
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Ligeti, Katalin. "Fundamental Rights Protection between Strasbourg and Luxembourg." In Preventing and Resolving Conflicts of Jurisdiction in Eu Criminal Law: A European Law Institute Instrument. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198829119.003.0009.

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Since long before the entry into force of the Charter of Fundamental Rights of the European Union (CFREU), the two highest courts in Europe, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) have sought to develop their respective jurisprudence in such a way as to ensure a strong protection of individual rights, whilst avoiding clashes between the decisions taken in Luxembourg and Strasbourg. An important statement in this regard is provided by the Bosphorus judgment, in which the Grand Chamber of the ECtHR recognised the existence of a presumption of equivalent protection of fundamental rights under EU law. The presumption is rebuttable, but expresses the trustful attitude (and a certain degree of deference) of Strasbourg towards the ability of EU law (and of the CJEU) to protect Convention rights.
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Contartese, Cristina. "The (Rebuttable) Presumption of the European Union Member States as ‘Safe Countries’ under the Dublin Regulation." In Advances in Human and Social Aspects of Technology, 240–55. IGI Global, 2012. http://dx.doi.org/10.4018/978-1-4666-0891-7.ch015.

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The purpose of this chapter is to analyze a particular aspect of the so-called Dublin Regulation, whose aim is to determine the European Union (EU) Member State responsible for examining an asylum application, that is, the presumption that the EU Member States are “safe countries.” Although the notion of “safe country” is on the base of the Dublin Regulation functioning mechanism, as it implies that any EU Member States can transfer an asylum seeker to any other EU country which is responsible, the authors contend that the safety of an EU Member State can be given as presumed for the purpose of asylum seekers. The analysis of the present work starts, firstly, with the examination of the notion of “safe country” under the Dublin Regulation. In the second part, relying on the European Court of Human Rights’ (ECHR) case-law, it will be discussed to what extent the Court of Strasbourg clarifies the notion of “safe countries” and the test it applies to it. Finally, the Commission’s proposal for a recasting of the Dublin Regulation will be analysed with the aim of foresee possible future developments of the EU law mechanisms to rebut such a presumption as applied to the EU Member States. It will emerge that in order to assess the safety of an EU Member State, attention has to be given to the prohibition of both direct and indirect refoulement as well as to the effective remedy at the EU Member State’s domestic level.
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Hasday, Jill Elaine. "Work to Be Done." In Intimate Lies and the Law, 199–234. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190905941.003.0009.

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This chapter focuses on law reform. I argue that courts are more likely to reach wise decisions if they begin with a rebuttable presumption that a plaintiff suing a deceptive intimate will have the same causes of action available to her that she would have when suing an equivalently deceptive nonintimate. I also explore how to improve the legal regulation of intimate deception before plaintiffs file suit. The law now adds to the tremendous incentives that can exist to deceive an intimate, but legislatures and courts should instead work to counter such incentives. The law often helps people succeed in duping their intimates and taking advantage of them, but legislators and judges should instead look for opportunities to thwart deceivers. In short, legal reforms designed to better recognize, prevent, and remediate harms inflicted through intimate deception should reorient the judicial response to litigation and also extend beyond courtrooms.
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Frank, Wijckmans, and Tuytschaever Filip. "Part II Vertical Agreements Under Regulation 330/2010, 6 Article 4: Hardcore Restrictions." In Vertical Agreements in EU Competition Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198791027.003.0006.

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This chapter addresses the hardcore restrictions which are included in Article 4 of Regulation 330/2010. Once it has been established that a vertical agreement falls within the scope of application of Regulation 330/2010, complies with the limitations included in Article 2(2)–(5), and does not exceed the market share limits, the next step is to check whether it contains any hardcore restrictions. This assessment constitutes the eleventh step of the analysis.The hardcore restrictions consist of RPM and certain territorial and customer restrictions. For the purposes of Regulation 330/2010, the list of hardcore restrictions in Article 4 is exhaustive. The inclusion of a hardcore restriction renders the block exemption inapplicable to the vertical agreement as a whole. In addition, the Vertical Guidelines provide for a rebuttable presumption that a hardcore restriction will fail to meet the conditions of Article 101(3) TFEU on an individual basis (self-assessment).
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Conference papers on the topic "Rebuttable Presumption of Reliance"

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Hornkohl, Lena. "THE PRESUMPTION OF HARM IN EU PRIVATE ENFORCEMENT OF COMPETITION LAW: EFFECTIVENESS VS OVERCOMPENSATION." In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18813.

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The main issue that is still disrupting private enforcement of competition law is the calculation of damages. The 2014 Damages Directive contains some alleviations. Particularly Article 17(2) Damages Directive foresees a rebuttable presumption that cartels cause harm. Despite the clear statement in Recital 47 Damages Directive that this presumption should not cover the concrete amount of harm and studies that vary significantly regarding the typical overcharge, some Member States have created presumptions related to the amount of harm. Other Member States want to expand the presumption to non-cartel violations. This article takes a comparative analysis of the different Member States approaches and attempts to test the Damages Directive and EU competition law boundaries more generally. The article takes a sceptical perspective on some of the Member States’ approaches and proposes other solutions to ease the predicaments of damage quantifications: (i) a focus on illicit gains, (ii) amending the calculation guidelines and create a EU-wide competition damages database, (iii) create further procedural measures, such as collective redress instruments, special legal venues for private enforcement of competition law and expert judges, and (iv) foster further party-led solutions.
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