Relevant bibliographies by topics / Recipient liability

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Recipient liability'

Author: Grafiati
Published: 11 December 2022
Last updated: 29 January 2023

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Recipient liability.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Journal articles on the topic "Recipient liability"

1

Conaglen, Matthew, and Richard Nolan. "RECIPIENT LIABILITY IN EQUITY." Cambridge Law Journal 66, no. 3 (2007): 515–17. http://dx.doi.org/10.1017/s0008197307000888.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Diane Zaini, Zulfi, and Rudi Irawan. "Liability Of Criminal Actions Transfering Objects Of Fiduciary Security Without Approval From The Fiduciary Recipient." Jurnal Gagasan Hukum 4, no. 01 (2022): 62–70. http://dx.doi.org/10.31849/jgh.v4i01.8656.

Full text
Abstract:
The presence of various consumer finance institutions has contributed greatly to the economic development of the community, especially people who have difficulty dealing with banks. The purpose of the research is to find out, understand and analyze the factors that cause the perpetrator to commit a crime, the criminal responsibility of the perpetrator of a crime and the basis for the judge's consideration in imposing a sentence against the perpetrator of a crime. The research method used is normative empirical. The ownership rights to the fiduciary collateral have been transferred to the fiduciary recipient creditor, so that the person concerned is the perfect owner of the fiduciary collateral object. In order to protect the interests of the fiduciary recipient creditor if the fiduciary recipient debtor defaults, the fiduciary recipient creditor automatically has the authority to sell the object of the fiduciary guarantee through a public auction or privately.
APA, Harvard, Vancouver, ISO, and other styles
3

Meier, Sonja. "MISTAKEN PAYMENTS IN THREE-PARTY SITUATIONS: A GERMAN VIEW OF ENGLISH LAW." Cambridge Law Journal 58, no. 3 (1999): 567–603. http://dx.doi.org/10.1017/s0008197399003050.

Full text
Abstract:
ACCORDING to the English law of restitution, a payment under a mistake of fact can usually be recovered from the recipient, at least if the mistake is a liability mistake or “fundamental”.1 In three-party situations the situation therefore seems to be straight-forward: independently of the relationship of each of the three parties to each other, the plaintiff is the payer and the defendant is the recipient. However, a closer look into the case law and literature reveals that there are problems.
APA, Harvard, Vancouver, ISO, and other styles
4

Ngiode, Syafrin, and Alfian Erwinsyah. "KEEFEKTIFAN PROGRAM INDONESIA PINTAR DI MADRASAH KABUPATEN GORONTALO." AL-TANZIM: Jurnal Manajemen Pendidikan Islam 4, no. 1 (2020): 48–58. http://dx.doi.org/10.33650/al-tanzim.v4i1.987.

Full text
Abstract:
This study aims to determine the effectiveness of the Smart Indonesia Program (PIP) in madrasah, Gorontalo District, Gorontalo Province. This research uses mixed methods. Data collection techniques carried out through observation, interviews, questionnaires, and documentation. The data analysis technique is done in stages, starting from editing, coding tabulating, scoring to drawing conclusions. The results showed that: Input component score is 87 (effective), consisting of guidelines book, objectives, program objectives, PIP recipient requirements, student allocation, fund amount, determination of prospective students receiving assistance, submission of PIP recipients, PIP program funds distribution and withdrawal, realization of PIP disbursement and reporting, are considered effective, because their implementation refers to the technical guidelines for the implementation of the Smart Indonesia Program in madrasah. Output component score of 90 (effective). The indicators on the use of funds are considered effective, because students have used them well to meet their educational needs. The PIP recipient's liability indicator is in the effective category, because in PIP acceptance, madrasah students have an obligation to report the value of their semester results, PIP will be canceled if the requirements are not met.
APA, Harvard, Vancouver, ISO, and other styles
5

FOX, DAVID. "CONSTRUCTIVE NOTICE AND KNOWING RECEIPT: AN ECONOMIC ANALYSIS." Cambridge Law Journal 57, no. 2 (1998): 391–405. http://dx.doi.org/10.1017/s0008197398000087.

Full text
Abstract:
This article attempts an economic analysis of the policy formulated in Manchester Trust v Furness that constructive notice should not be made the basis of liability arising out of commercial transactions. It concentrates on instances of equitable liability for ”knowing receipt“ where the defendant is required to give restitution of funds which it received in breach of fiduciary duty. The article investigates the social costs of imposing a duty of inquiry on a person receiving misappropriated money in a commercial transaction. It concludes that there are strong economic reasons why a commercial recipient of money should not owe the same rigorous duties of inquiry commonly imposed in conveyancing transactions. However, once the standard of inquiry is adjusted to take into the exigencies of commercial dealings, there are no compelling economic reasons why constructive notice should be rejected as a possible basis of liability in knowing receipt.
APA, Harvard, Vancouver, ISO, and other styles
6

Tham, Chee Ho. "UNJUST ENRICHMENT AND UNLAWFUL DIVIDENDS: A STEP TOO FAR?" Cambridge Law Journal 64, no. 1 (2005): 177–211. http://dx.doi.org/10.1017/s0008197305006835.

Full text
Abstract:
UNTIL recently, it was widely accepted that a recipient of company distributions such as dividends paid in breach of the requirements of the Companies Act 1985 (“the Act”) could only be made to repay such distributions if he knew of the illegality. Whether one looked to the Act (to wit, section 277) or beyond (to the “knowing receipt”-type liability encountered in Precision Dippings Ltd. v. Precision Dippings Marketing Ltd.), liability required knowledge. In Bairstow v. Queen’s Moat House plc, however, there appears to be the faintest of suggestions that this position may be open for re-examination. This is reinforced by Lord Nicholls’ recent speech in Criterion Properties Plc v. Stratford UK Properties LLC.
APA, Harvard, Vancouver, ISO, and other styles
7

Miskolczi Bodnár, Péter, and Róbert Szuchy. "Joint and Several Liability of Competition Law Infringers in the Legislation of Central and Eastern European Member States." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 85–109. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.5.

Full text
Abstract:
The study reviews the provisions of the Directive by, first, presenting its general rule – joint and several liability – and then its two exceptions, pointing out that albeit they contain similar solutions, these have different reasons in the case of leniency applicants obtained immunity from fines and small and medium-sized enterprises. The study examines whether the 11 CEE Member States prescribe joint and several liability, in principle, to cases where multiple persons cause harm jointly by an infringement of competition law. The study also analyses the position of an immunity recipient in national laws. During the examination, the study separates the position of the immunity recipient and the injured parties, as well as the position of the immunity recipient and other co-infringers, as is the case in the Directive. The study summarizes also national experiences with the implementation of the Damages Directive. It is a fact that the norms of the Directive have been implemented, and there is no deviation to jeopardize either the enforcement of claims for damages or the integrity of the internal market. Nevertheless, having established two separate exceptions, it would have been duly justified for the Commission to explain them in detail, considering their rules differ from each other. Noticeably, some CEE countries considered the difference unjustified and uniformly provided an opportunity for the co-infringer who compensated the harm of an injured party to submit a reimbursement claim against the immunity recipient and SMEs. Other CEE countries considered that they did not have the authority to do so. It would be worth reviewing the implementation of the exceptions to joint and several liabilities after a year, in conjunction with the issue of alternative dispute resolution. The study makes a proposal for an amendment of the Directive. Doctrinal views related to the SMEs exemption from joint and several liability draw attention to the fact that it is unfortunate if solutions designed in a relatively late stage of the legislative procedure do, in fact, later become a part of that directive. It would seem practical, for example, to declare that this exception shall be applied also to micro enterprises in relation to the compensation of harms caused by infringements of competition law. The Damages Directive requires, however, the implementation of this exception only with regard to small and medium-sized enterprises.
APA, Harvard, Vancouver, ISO, and other styles
8

Maljean-Dubois, Sandrine, and Benoît Mayer. "Liability and Compensation for Marine Plastic Pollution: Conceptual Issues and Possible Ways Forward." AJIL Unbound 114 (2020): 206–11. http://dx.doi.org/10.1017/aju.2020.40.

Full text
Abstract:
The UN General Assembly and the UN Environment Assembly (UNEA) have expressed concerns about the pollution of the sea by plastics, which adversely impacts ecosystems, some economic activities (e.g., tourism and fishing), and possibly public health (e.g., consumption of contaminated fish). In December 2017, the UNEA decided to establish the Ad Hoc Open-Ended Expert Group on Marine Litter and Microplastics to examine ways to combat marine plastic pollution. The group met three times in 2018 and 2019, and at least two more meetings are planned. Among potential responses to the issue of marine pollution, the group briefly considered—but eventually dismissed—the possibility of creating a liability or compensation regime. This essay evaluates the prospects for such a regime. As the essay will show, compensation faces significant conceptual problems, not the least of which is the absence of an obvious recipient. However, some form of liability could be imposed on corporations that produce plastic, or on states that fail to regulate them. Such a liability regime, even without financial compensation, could foster the prevention of further marine plastic pollution.
APA, Harvard, Vancouver, ISO, and other styles
9

Maimescu, Savva. "PECULIARITIES OF INTERNATIONAL POSTAL DISPATCHES IN THE REPUBLIC OF MOLDOVA." Administrative and Criminal Justice 3, no. 88 (2019): 195. http://dx.doi.org/10.17770/acj.v3i88.4416.

Full text
Abstract:
In the paper the author indicates the particularities of the merchandise, objects, values, goods, money declaration, carried out by natural persons and legal entities, which are transported and placed over the customs border of the state by the specialized state carrier “Posta Moldovei”. In the paper the author indicates the subjects of declaration who have full rights to send objects, values, goods by international postal service to the recipient who has his/ her place of residence in any country. In the paper the author also indicates the liability of natural persons and legal entities, which may occur in the case of non-declaration or inauthentic declaration of merchandise, objects, values, goods sent through international postal services to the recipient, as well as reports the administrative and criminal sanctions for committing these violations.
APA, Harvard, Vancouver, ISO, and other styles
10

Middlemiss, Sam. "“Another nice mess you’ve gotten me into” employers’ liability for workplace banter." International Journal of Law and Management 59, no. 6 (2017): 916–38. http://dx.doi.org/10.1108/ijlma-07-2016-0063.

Full text
Abstract:
Purpose Banter has been defined in the Oxford Dictionary as “the playful and friendly exchange of playful remarks” [www.merriam-webster.com/dictionary/banter]. This suggests that it is a form of dialogue or conversation that is welcome, non-threatening and appreciated by the recipient. However, this is often not the case, and the purpose of this paper is to consider the legal rules dealing with banter where it is threatening, unwanted or oppressive to the recipient. Where there is a discriminatory aspect to the banter, the protection provided under equality law will be considered. Banter can be directed at workers with different characteristics (e.g. disability, age, religion, sex, race or sexual orientation), and this paper will consider discriminatory banter whatever the basis. The different types of dialogues falling under the term banter will be analysed and the extent to which legal protection is in place to deal with it will be considered. The statutory legal rules dealing with harassment and bullying in the UK are the most relevant to controlling workplace banter and accordingly will be given primary consideration. Finally, recommendations will be made for improving both management practice and the law in this area. Design/methodology/approach The methodology used is a thorough review of secondary sources in the UK including relevant statutes and legal cases and research undertaken in this area. Findings There is a need for legislative change to protect victims of unwanted workplace banter. Research limitations/implications Legal and managerial solutions to a complex problem. Practical implications Very few sources of primary research. Originality/value Highly original.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Recipient liability"

1

Brunel, Fanny. "L’abstention du titulaire d’une prérogative en droit privé : ébauche d’une norme de comportement." Thesis, Université Clermont Auvergne‎ (2017-2020), 2017. http://www.theses.fr/2017CLFAD025/document.

Full text
Abstract:
Le droit traite principalement l’abstention sous l’angle de la faute d’abstention, mais éprouve des difficultés à appréhender l’abstention du titulaire d’une prérogative qui nécessite une nouvelle approche. Refus temporaire, et non exprimé, de jouir immédiatement des effets de sa prérogative pour les retenir jusqu’au moment le plus opportun, l’abstention crée une situation équivoque. N’ayant ni la clarté d’un exercice actif, ni celle d’une renonciation, elle génère en effet imprévisibilité et insécurité juridique. Cette dernière est d’ailleurs exacerbée par les interprétations erronées dont l’abstention fait l’objet et par l’aggravation dans le temps des conséquences qui touchent celui qui la subit. Ainsi, à défaut de statut légalement défini de l’abstention, il est impératif de se saisir de la problématique d’imprévisibilité de l’abstention du titulaire d’une prérogative pour tenter de l’atténuer, tout en mettant en relief sa légitimité. L’encadrement du comportement de celui qui s’abstient dans le temps est la solution qui s’impose. Ainsi, à compter de la fin d’un délai raisonnable, laps de temps préservant sa liberté au sein du délai imparti, il doit respecter le standard de l’agent raisonnable. À défaut, sa responsabilité pourrait être engagée sans que cela n’exclue la responsabilisation de celui qui subit l’abstention<br>French law is usually understanding the abstention as the abstention fault. However, the abstention of the holder of a prerogative can not be analyzed this way and requires a new juridical approach. Abstention creates an equivocal situation by being a refusal, silent and temporary, to immediately enjoy the effects of a prerogative in order to retain them until the most appropriate moment. By being unclear unlike an active exercise or a real renunciation, it generates indeed unpredictability and a lack of legal safety. This insecurity is, moreover, exacerbated by erroneous interpretations of abstention and by the aggravation of the consequences affecting the one who suffers from it with the passing time. As a result, due to the absence of a legal status of abstention, it is imperative to take up the unpredictability problem of the abstention of the holder of a prerogative in order to attempt to mitigate it, while highlighting its legitimacy. The appearing necessary solution finds its way in the regulation of the behavior of the one abstaining in time. Consequently, from the end of a reasonable period, preserving his liberty within the time limit, he has to respect the standard of a reasonable agent. Failing that, his liability could be incurred. This would not exclude the accountability of the person who suffers from abstention
APA, Harvard, Vancouver, ISO, and other styles
2

Ridge, Pauline. "Equitable Third Party Liability: Rationale, Principle, Method and Classification." Phd thesis, 2016. http://hdl.handle.net/1885/114563.

Full text
Abstract:
This thesis considers the equitable liabilities of third parties to relationships governed by equity from a doctrinal perspective. Its particular focus is upon the personal liabilities of persons associated through culpable conduct with the equitable wrongdoing of another. Such conduct could be by way of procurement of, or assistance in, that wrongdoing (accessory liability) or the beneficial receipt of property protected by equity and tainted by that wrongdoing (recipient liability) or both. The thesis also considers other equitable third party liabilities that interact with or relate to accessory liability and recipient liability. The thesis comprises a capstone chapter, plus eight publications (three journal articles, two chapters from a co-authored book, and three chapters from edited collections). The capstone chapter ties together my work in this area of law. It identifies four general questions, concerning equitable rationale, principle, method, and classification, that are addressed in the publications and explains how they are resolved. The jurisdictional focus of the thesis is upon Australian and English law; however, one chapter considers the law in Singapore and Hong Kong in depth and several chapters also refer to the law in Canada, New Zealand, and the United States.
APA, Harvard, Vancouver, ISO, and other styles

Books on the topic "Recipient liability"

1

Zachary, Douglas, and Bodnar Andrew. Part V Financial Wrongdoing and Private International Law, 14 Money Had and Received. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198716587.003.0014.

Full text
Abstract:
This chapter starts by giving an overview of the topic of money had, and money received. The common law action for money had and received requires the claimant to establish that, firstly, he originally had legal title to the money; secondly, the defendant received it and; thirdly, such receipt was unjust due to a vitiating factor. It is a claim based upon the unjust enrichment of the defendant at the claimant’s expense. The claim is one of strict liability and hence does not depend upon the fault of the defendant recipient. Actions for money had and received at Common Law are founded on the principles of following and Common Law tracing, which require the property itself to be capable of being followed or traced. However, once money is transferred through the banking system, particularly the international banking system, it very often becomes impossible to identify the particular funds which were originally received.
APA, Harvard, Vancouver, ISO, and other styles

Book chapters on the topic "Recipient liability"

1

Dicken, Cary Lisa. "Donor/Recipient Insurance Coverage: Protecting Against Unexpected Liability." In Principles of Oocyte and Embryo Donation. Springer London, 2013. http://dx.doi.org/10.1007/978-1-4471-2392-7_19.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

Wang, Zhanfei, and Muhan Liu. "Nanchang Municipal Construction Co., Ltd. v. Liu X and Jiangxi Fuzhen Road and Bridge Construction Co., Ltd. (Unjust Enrichment): No Liability for Restitution Where the Bona Fide Recipient of Ill-gotten Gains Has No Existing Interest." In Library of Selected Cases from the Chinese Court. Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-9136-5_24.

Full text
APA, Harvard, Vancouver, ISO, and other styles
3

Jensen, Darryn. "Pitfalls of Statutory Reform in Private Law: Recipient Liability for Breach of Trust." In New Directions for Law in Australia. ANU Press, 2017. http://dx.doi.org/10.22459/ndla.09.2017.24.

Full text
APA, Harvard, Vancouver, ISO, and other styles
4

Bader, Klaus, and Andreas Börner. "Article 146 Protection of the interests of creditors of companies involved in a division; joint and several liability of the recipient companies." In European Corporate Law. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783845279909-711.

Full text
APA, Harvard, Vancouver, ISO, and other styles
5

"LIMITED WARRANTY AND DISCLAIMER OF LIABILITY." In Practical Neural Network Recipies in C++. Elsevier, 1993. http://dx.doi.org/10.1016/b978-0-08-051433-8.50003-3.

Full text
APA, Harvard, Vancouver, ISO, and other styles
6

Hayton, David. "Third-Party Liability of Recipients of Trust Property." In The Impact of Equity and Restitution in Commerce. Hart Publishing, 2019. http://dx.doi.org/10.5040/9781509915675.ch-011.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

Barry, Rodger, Ferro Miguel Sousa, and Marcos Francisco. "Part III Comparative Analysis of the Transposition Processes and Outcomes, 20 Transposition: Key Issues and Controversies." In The EU Antitrust Damages Directive. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198812760.003.0020.

Full text
Abstract:
This chapter examines how the Member States have addressed most of the key issues and controversies arising from the transposition of the Antitrust Damages Directive within their respective legal systems. It first considers the substantive grounds and conditions for liability, highlighting several legal debates that are likely to arise in the context of liability, such as those relating to fault, the characterization of the type of liability in question and the consequences thereof, and the liability of the parent company. It then discusses joint liability, particularly the liability of immunity recipients and of small to medium-size enterprises, and issues concerning access to evidence, specialized courts that would hear antitrust damages actions, limitation periods, the binding force of public enforcement decisions, the right to full compensation, quantification of harm, passing-on, consensual dispute resolution (settlements and alternative dispute resolution), and collective redress.
APA, Harvard, Vancouver, ISO, and other styles
8

Christian, Kersting. "Part II The Member State Reports on Transposition of the Directive, 6 Germany." In The EU Antitrust Damages Directive. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198812760.003.0006.

Full text
Abstract:
This chapter focuses on the transposition of the Antitrust Damages Directive in Germany. It first provides an overview of the transposition procedure, focusing on the role of the Federal Ministry for Economic Affairs and Energy in drafting the legislation to transpose directive 2014/104/EU into German law. It then considers the scope of the German regime regarding cartel damages and how it was incorporated into the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen, GWB) for exclusive application to competition law infringements. It also examines specific issues that arose during the transposition, including those relating to the directive’s definitions, the binding force of decisions of other Member States, parent company liability for fines, group liability for damages, the presumption and quantification of damages, joint and several liability and recovery of contribution from co-infringers, the liability of immunity recipients, the liability of small and medium-sized enterprises, disclosure of evidence, and settlements.
APA, Harvard, Vancouver, ISO, and other styles
9

Cooter, Robert D., and Ariel Porat. "A Public Goods Theory of Restitution." In Getting Incentives Right. Princeton University Press, 2014. http://dx.doi.org/10.23943/princeton/9780691151595.003.0010.

Full text
Abstract:
This chapter introduces what it calls the “public goods theory of restitution,” which applies when one person's act creates unrequested benefits for two or more people. It begins with examples that illustrate how the benefactor's act conveys a benefit to everyone in a group, noting that restitution law encourages the private production of public goods in special cases by holding the recipients liable for unrequested benefits. It then considers unrequested benefits under prevailing law and a private production of public goods theory before developing the case for an expanded duty of restitution. It advocates expanding the right to restitution to increase the private supply of public goods and argues that liability for receiving unrequested benefits should be far narrower than liability for causing harm.
APA, Harvard, Vancouver, ISO, and other styles
10

Zoll, Fryderyk. "Compulsory Portion in Poland." In Comparative Succession Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.003.0012.

Full text
Abstract:
In Poland, mandatory family protection is achieved by means of the compulsory portion. The chapter begins with a brief history of Polish succession law from the perspective of protection against disinheritance. Compulsory portion is also discussed from a constitutional perspective. Next, the regulation of compulsory portion, as well as of comparable instruments, are described. Among the topics discussed are: entitlement to compulsory portion; renunciation of claims; and disinheritance (‘deprivation’). Methods of calculating compulsory portion are presented, including the different situation in respect of different parts of the estate. Finally, liability for payment of compulsory portion is analysed, with particular attention being given to legatees per vindicationem and to the recipients of lifetime gifts from the deceased.
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Recipient liability' for particular source types:
Journal articles
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography