Relevant bibliographies by topics / Roman law. Vis major (Civil law)

Contents

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

Academic literature on the topic 'Roman law. Vis major (Civil law)'

Author: Grafiati
Published: 4 June 2021
Last updated: 16 February 2022

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 'Roman law. Vis major (Civil law).'

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 "Roman law. Vis major (Civil law)"

1

Bartoszewicz, Anna. "UZNANIE ZA ZMARŁEGO I STWIERDZENIE ZGONU (GENEZA, ROZWÓJ INSTYTUCJI I POSTĘPOWANIA)." Zeszyty Prawnicze 7, no. 2 (2017): 147. http://dx.doi.org/10.21697/zp.2007.7.2.05.

Full text
Abstract:
The Origins and Development of the Law on the Presumption of Death and Declarations of DeathSummaryThe article presents the history of the presumption of death and declaration of death. It provides an insight into the relevant concepts of the Roman law as well as chosen examples of the laws of the ancient Middle East. It also focuses on the Polish and foreign laws which were in force on the historically Polish territory during the period of the country’s loss of independence (1795-1918). It identifies the origins of the presumption of death and declaration of death in the Polish law and examines their development (including the relevant civil procedurę provisions) until 1964, when the present civil code and civil procedurę code came into force.By presenting and comparing the laws governing the presumption of death and declarations of death, the author highlights the different approaches of the laws that applied at the time of the loss of independence: those of Prussia, Russia, Austria and the Polish Kingdom, as well as the law in effect in the Grand Duchy of Warsaw. The article also considers the extent to which the laws introduced after Poland regained independence in 1918 were influenced by the foreign regimes previously in force.The gradual developments in the law following the Second World War are presented against the background of the major changes in Polish civil law over the same period, which occurred mainly via the codifications of the law in the civil code and the civil procedure code.
APA, Harvard, Vancouver, ISO, and other styles
2

YABLOCHKOV, T. M. "THE CONCEPT OF VIS MAJOR IN CIVIL LAW." Civil Law Review 18, no. 3 (2018): 202–37. http://dx.doi.org/10.24031/1992-2043-2018-18-3-202-237.

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

Perry, Diana. "Paridis de Puteo: A Fifteenth-Century Civilian’s Concept of Papal Sovereignty." Studies in Church History. Subsidia 9 (1987): 369–92. http://dx.doi.org/10.1017/s0143045900002052.

Full text
Abstract:
Sovereignty—suprema potestas—in the later Middle Ages was not blessed with Austinian simplicity: it was a complex and contradictory thing. Held by the ecclesiastical and lay powers, held by pope, emperor, king, and city-state, few populi were subjected to one authority alone. Not only did there exist a hierarchy of sovereign powers in the Western community, de iure and de facto, but the suprema potestas was in itself limited. It was the extent of this limitation and the degree of sovereignty possessed by the various governments which exercised, to a very large extent, the minds of later medieval and Renaissance jurists. A major reordering of the relationship between the spiritual and secular authorities was occasioned with the propounding of the via media by Thomas Aquinas in the thirteenth century. Thomistic doctrine did much to promote and enhance the importance of civil government at the expense of hierocratic theories, but, as Michael Wilks observes in his fundamental study of medieval sovereignty, it proved to be almost as dangerous to the concept of the societas humana as to that of the societas christiana. Quite simply, as long as moral standards were applied to earthly government, political evaluation was forced into the theological sphere, and so, to some degree, into the realm of papal determination. And to Thomistic influences, as Michael Wilks again remarks, the civilians nearly all succumbed. Laying their claims very largely upon the bases of Roman law and Aristotle, legists expounded a profoundly secular philosophy; but the seemingly logical conclusion—logical, that is, to the modern mind—that secular man was freed from the theological order was not reached. The pope retained both a unique degree of dignitas and a superior degree of authority; he was head of the populus christiana, and this awesome position bestowed upon him certain ultimate rights and responsibilities in the affairs of secular corpora, even though these corpora were sovereign entities. In other words, papal sovereignty, although increasingly restricted and relegated to the realm of theory as the early modern State evolved, none the less remained a potent force; indeed, as it will be seen, in a particular aspect it fulfilled for the jurist a critical need of the young State.
APA, Harvard, Vancouver, ISO, and other styles
4

van Caenegem, Raoul. "The modernity of medieval law." European Review 8, no. 1 (2000): 37–53. http://dx.doi.org/10.1017/s1062798700004531.

Full text
Abstract:
Medieval lawsuits from the highest courts of England and France show the concern of authorities for even minor issues involving ordinary people – a democratic and modern trait. In comparing the English Court of Common Pleas to the Parlement of Paris, it can be seen that classical Roman law made a great impact on France, while the English Court ignored Roman law and applied English customary law and acts of Parliament. The Parlement of Paris also had to apply local customs, but its judges had all studied Roman and no customary law at the university; however, for political reasons they were not allowed to refer openly to the Roman law in which they had been educated. The jury was a major medieval contribution to modern democratic thinking, as was the political idea that matters concerning the whole community ought to be decided by all its members. The American power-sharing system, between President and Congress, continues the late medieval balance between King and Parliament. English common law was one of the great creations of the Middle Ages and the only system of comparable importance is continental civil law (with Germanic and Roman roots). This paper considers the chances of the elaboration in the 21st century of a common European law combining elements from both traditions.
APA, Harvard, Vancouver, ISO, and other styles
5

Szczygielski, Krzysztof. "ROMANISTYKA POLSKA W LATACH 1918-1945 (PRZEGLĄD BIBLIOGRAFII)." Zeszyty Prawnicze 10, no. 2 (2016): 355. http://dx.doi.org/10.21697/zp.2010.10.2.22.

Full text
Abstract:
ROMAN LAW STUDIES IN POLAND IN THE YEARS 1918-1945 (REVIEW OF BIBLIOGRAPHY) Summary In Roman law studies in Poland there is no complete list of the works published in the years 1918-1945 by scholars dealing with Roman law. The scientific output of the Polish researchers was presented by Rafał Taubenschlag in the article, Gli studi di diritto romano in Polonia nel secolo XX, [in:] Gli Studi Romani nel Mondo, volume III, Roma 1936, p. 247-268, but he focused mainly on discussing the major works. An attempt to show the achievements of Roman law studies in Poland on a comprehensive basis was undertaken by Juliusz Wisłocki, Dzieje nauki prawa rzymskiego w Polsce, Warsaw 1945, but his study is highly incomplete. The analysed period witnessed the emergence of lots of valuable works concerning the history and the institutions of Roman law in the form of monographs, articles published in many domestic and foreign periodicals, studies on particular occasions, encyclopedic dictionaries and reports on the activities of scientific societies. The problems related to the law of the ancient Rome were dealt with not only by the Roman law researchers but also by legal historians and classical philologists. The works were presented according to the following sections: I. General works, textbooks and scripts; II. Ancillary publications; III. History of sources; IV. Civil procedure; V. Law of Persons and legal proceedings; VI. Family law; VII. Law of Property; VIII. Law of Obligations; IX. Law of Succession; X. Criminal law and procedure; XI. Public law; XII. Philosophy of law, methodology and political and legal doctrines; XIII. Importance of the Roman law; XIV. Evaluation of the output of Roman law scholars.
APA, Harvard, Vancouver, ISO, and other styles
6

Bartis, Előd. "A megbízási szerződés szabályozásának történeti vázlata Romániában." Erdélyi Jogélet 3, no. 1 (2020): 5–22. http://dx.doi.org/10.47745/erjog.2020.01.01.

Full text
Abstract:
The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.
APA, Harvard, Vancouver, ISO, and other styles
7

Janku, Martin. "Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code." DANUBE: Law and Economics Review 6, no. 4 (2015): 259–69. http://dx.doi.org/10.1515/danb-2015-0016.

Full text
Abstract:
Abstract In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the legislation (höhere Gewalt, vis major). The Czech regulations represented by the new Civil Code of 2012 (CivC), however, contains only a framework provision that mentions discharging reasons. The paper deals with the – rather disputable – issue that the force majeure does not affect the obligation to pay a contractual penalty under the new rules of the CivC. It should be therefore reflected in the arrangements for contractual penalties inter partes. To this effect the paper analyses the concepts of contractual penalties and force majeure in civil law legislation. Afterwards it compares their mutual relationship and impact on the obligations of the Contracting Parties. Finally, it draws recommendations for practice from the perspective of the contracting process.
APA, Harvard, Vancouver, ISO, and other styles
8

Vasiljević, Mirko. "Company law of the twenty-first century." Revija Kopaonicke skole prirodnog prava 3, no. 1 (2021): 51–91. http://dx.doi.org/10.5937/rkspp2101051v.

Full text
Abstract:
Company law, although contractual by its nature, unlike the contract law with low depreciation rate of legal institutes and, in principle, longevity, still has a high depreciation rate and, as a rule, the short duration of its institutes. The reasons for this lie in the fact that the contract law went through "teething troubles" in the previous two centuries, which were marked by major codifications of contract law, as opposed to the company law which is a newer branch of law which was affected by such troubles to a greater extent only in the second half of the twentieth century and it will thus mark to a great extent this, twenty-first century as well. In this paper, the author seeks to predict the main directions of such development of company law in the current (twenty-first) century. It is the understanding of the author that such directions are to be marked by: further strengthening of the institutionality of the company as a legal entity and profiling of legal institutes for protection of this interest and, on that basis, strengthening the so-called system of company social responsability, not only as a policy and moral imperative, but also as a legal category; strenghtening the role of the state regulatory framework in relation to the self-regulatory one with the affirmation of economic freedoms; competition of national regulations and harmonization which is based on that; strengthening civil law institutes in relation to common law institutes in the field of continental law as appropriate to the legal tradition and culture; whithin civil law the takeover of "pure" legal institutes of the Roman or German legal tradition, where they differ, but not mixing them and thus "deteriorating" their nature; seeking the new balance in the relationship between majority capital and minority capital, which prevents the abuse of the majority and the abuse of the minority and which promotes and protects the "interest of a company" as a legal entity; finally, further promoting the principle of arbitrability of intercompany disputes so that the private law will in the choice of the forum for resolving these disputes would be more dominant (prevail) in relation to the public law one.
APA, Harvard, Vancouver, ISO, and other styles
9

Biasi, Marco. "‘We will all laugh at gilded butterflies’. The shadow of antitrust law on the collective negotiation of fair fees for self-employed workers." European Labour Law Journal 9, no. 4 (2018): 354–73. http://dx.doi.org/10.1177/2031952518810640.

Full text
Abstract:
The development of a wide-reaching collective representation for (genuine) self-employment and the collective negotiation of fair fees for independent contractors might often be more dissuasive vis-à-vis scam self-employment than the threat of reclassification. However, case law in both civil and common law jurisdictions showcases how antitrust law can hamper the collective negotiation of workers’ minimum fees. The premise of such a view, which has its roots in the early stage of development of collective bargaining, is that the agreements setting the rates of pay for non-subordinate labour stand as restraints of trade. The author contends that this narrow interpretation of the scope of collective labour law - or rather this extensive view of the scope of antitrust law - is unacceptable. On the one hand, workers who personally carry out their activity cannot be treated as businesses operating on a free market, because they are - akin to the employees - individuals who lack the power to tangibly affect the terms and conditions of their work. For those persons, as the author recalls, collective bargaining have always stood for, even before the binary legal divide between employment and self-employment was drawn. On the other hand, it appears incongruous that a major challenge to the perimeters of collective labour law stems from a formalistic approach to a field of law (antitrust or competition law) which seeks to correct the market asymmetries in the interest of weaker parties, such as smaller businesses, communities and consumers. Ultimately, the author contends that a solution to overcome this legal hurdle cannot be found through a mere change in the interpretation of the existing US and EU competition and labour law rules, which have to be amended by the legislators in accordance with the current social needs.
APA, Harvard, Vancouver, ISO, and other styles
10

Poesche, Jürgen. "Conflict of Ethics: Indigenous Americans and Settler Colonists = Conflicto de ética: Los pueblos indígenas y los colonos en las Américas." EUNOMÍA. Revista en Cultura de la Legalidad, no. 18 (April 1, 2020): 29. http://dx.doi.org/10.20318/eunomia.2020.5262.

Full text
Abstract:
Abstract: The objective of this paper is to develop and present a novel approach to the conflict of ethics on the foundation of legal theory, particularly the legal rules governing conflict of laws. The focus is on the conflict of ethics impacting Indigenous Americans in the context of Occidental settler colonialism in the Americas. This paper contains three major contributions. First, the interplay between Indigenous American concepts categorized as ethics in the Occident and Occidental ethics in a settler colonial context was assessed. Second, Occidental concepts in Roman Law and Saint Thomas Aquinas’ natural law was used to determine the precedence of Indigenous American equivalents to ethics vis-à-vis Occidental ethics in the Americas. Third, rules-based solutions synthetized from conflict of laws in international law were applied to conflict of ethics in the settler colonial context in the Americas.Keywords: Cultural and epistemic racism, decoloniality, indigenous Americans, settler colonialism, sumak kawsay, wakohtowin.Resumen: El objetivo de este artículo es desarrollar y presentar un enfoque novedoso del conflicto de ética sobre la base de la teoría legal, particularmente las reglas legales sobre el conflicto de leyes. La atención se centra en el conflicto de ética que afecta a los indígenas en el contexto del colonialismo en las Américas. Este artículo contiene tres contribuciones principales. Primero, se evaluó la interacción entre los conceptos de los indígenas categorizados como ética en el occidente en el contexto colonial. Segundo, los conceptos occidentales en la ley romana y la ley natural de Santo Tomás de Aquino se usaron para determinar la procedencia de los equivalentes indígenas en las Américas. Tercero, las soluciones basadas en reglas sintetizadas a partir del conflicto de leyes en el derecho internacional se aplicaron al conflicto de ética en el contexto colonial en las Américas.Palabras clave: Racismo cultural y epistémico, descolonialidad, indígenas en las Américas, colonialismo, sumak kawsay, wakohtowin.
APA, Harvard, Vancouver, ISO, and other styles
More sources

Dissertations / Theses on the topic "Roman law. Vis major (Civil law)"

1

Nwafor, Ndubuisi Augustine. "Comparative and critical analysis of the doctrine of exemption/frustration/force majeure under the United Nations Convention on the Contract for International Sale of Goods, English law and UNIDROIT principles." Thesis, University of Stirling, 2015. http://hdl.handle.net/1893/21805.

Full text
Abstract:
This thesis attempts to critically and comparatively analyse the doctrine of exemption/frustration /force majeure under the United Nations Convention on the Contract for International Sale of Goods (CISG) the UNIDRIOT Principles of International Commercial Contracts (UNIDROIT) and the English Law. The doctrine of exemption/frustration/force majeure is very important in the area of contract and commercial law, it is a doctrine deeply rooted in fairness and allows a party to be excused from performing an obligation in a contract if at the conclusion of the contract an inhibition beyond the foreseeable control of the party happens to render the performance of the contract impossible. However, it is not easy to effectively streamline this doctrine and properly determine its applications. It has been observed in this thesis that, the doctrines of exemption/frustration /force majeure are not exactly the same; this thesis explores in details severally and jointly the various differences and similarities in the interpretations and applications of these impossibility doctrines. For instance, the open and flexible use of words in the definition of this doctrine under the CISG and the UNIDROIT Principles left much to be desired. Thus, it is one of the succinct arguments of this thesis that couching international law in loose words will work against the uniformity of application of this law, due to the different interpretations national law courts will be subjecting it to. This among other issues retarded the growth and development of the doctrine of exemption and force majeure. Furthermore, English law stance on the doctrine of frustration which can be gleaned from both the Sale of Goods Act of 1979 and the Common law are far from being adequate and need to be updated. This thesis therefore incisively laid bare the applications, interpretations and way forward for the doctrine of exemption/frustration/force majeure under the legal instruments of focus of this work. The thesis also comparatively compares the relationship between the doctrine of frustration/force majeure/exemption and other related doctrines like mistake, termination, avoidance, risk, and hardship. The thesis is concluded with a Draft Model Frustration Clause (DMFC) which is an attempt to rise above the status quo doctrine of frustration in the extant laws and develop a frustration clause that will be able to provide answers to the many flaws that trail these laws.
APA, Harvard, Vancouver, ISO, and other styles

Books on the topic "Roman law. Vis major (Civil law)"

1

Von der vis maior zur höheren Gewalt: Geschichte und Dogmatik eines haftungsentlastenden Begriffs. P. Lang, 1989.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
2

Penjelasan hukum tentang keadaan memaksa. Nasional Legal Reform Program, 2010.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
3

Guarido, Natalia del Olmo. El caso fortuito: Su incidencia en la ejecución de las obligaciones : doctrina y jurisprudencia. Aranzadi, 2004.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
4

Dunné, J. M. van. "Acts of God", overmacht en onvoorziene omstandigheden in het bouwrecht. Kluwer, 1998.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
5

Gianfelici, Mario César. Caso fortuito y caso de fuerza mayor : en el sistema de responsabilidad civil. Abeledo-Perrot, 1995.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
6

Goedmakers, A. J. Overmacht bij overeenkomst en onrechtmatige daad =: Force majeure en matière de la responsabilité contractuelle et délictuelle en droit néerlandais et français : une comparaison. Gouda Quint, 1998.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
7

Schadensersatz im Falle höherer Gewalt? O. Schwartz, 1986.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
8

Fernandes, Luís A. Carvalho. A teoria da imprevisão no direito civil português. Quid Juris, 2001.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
9

Larrañaga, Nelson. La fuerza mayor en el derecho del trabajo. Fundación de Cultura Universitaria, 1991.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
10

Voidey, Nadège. Le risque en droit civil. Presses universitaires d'Aix-Marseille, 2005.

Find full text
APA, Harvard, Vancouver, ISO, and other styles
More sources

Book chapters on the topic "Roman law. Vis major (Civil law)"

1

Epstein, Richard A. "One Step at a Time in Roman Law." In Roman Law and Economics. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198787211.003.0020.

Full text
Abstract:
This chapter argues that the Roman law system of a staged system of pleadings, which emerged in the mature formulary system and then was eventually carried over into the common law, offers a superior way to understand and classify legal doctrine in ways that lead to overall economic efficiency. The arguments here stress the conceptual formation of classical Roman law on matters that retain their full salience today. It does not deal with the details of the historical evolution of Roman procedure. Indeed, its main purpose is to contrast the genius of the staged system of Roman law pleading with a flaw in the modern conception of civil procedure, which funnels all disputes through a reasonableness inquiry. In dealing with practical legal disputes it is virtually impossible to generate some major rule that leads to optimal results in a wide range of cases. The pleading system takes the reverse tack and seeks to achieve optimality through a system of successive approximations, starting with the prima facie case, working through defenses, and most critically, replies and further pleadings, finishing with joinder of issue to incorporate all the elements that are traditionally thought relevant to systems of tortious (as the civil side of delict) and contractual responsibility. These elements include identifying those obligations that should be strict, those that are governed by negligence principles, and those as intentional harms on both the tort and contract side of the line. The approach should be understood as an explicit rejection of the dominant modern approach that removes all the hard-edge distinctions and uses a generalized conception of reasonableness as an umbrella conception that encourages decline of doctrine and the ad hoc resolution of particular disputes.
APA, Harvard, Vancouver, ISO, and other styles
2

Sorkin, David. "Civil Rights in Western Europe." In Jewish Emancipation. Princeton University Press, 2019. http://dx.doi.org/10.23943/princeton/9780691164946.003.0006.

Full text
Abstract:
This chapter focuses on how western European states introduced limited changes to the Jews' status in the eighteenth century. England introduced a policy of naturalization for Jews in its colonies in part to compete with Holland's successful free port (St. Eustatius). However, only the wealthy could aspire to naturalization. The merchant elite's effort to gain easier naturalization with the “Jew Bill” (1753) failed when it became embroiled in the general Whig-Tory conflict. In France, the Jews of Bordeaux reached the acme of corporate privileges by gaining residential and commercial freedom throughout the kingdom. In contrast, Alsatian Jewry continued to suffer from major restrictions. The privileges it brought from the Holy Roman Empire were at odds with a centralizing French administration. Moreover, occupational and residential restrictions that forced Alsace's Jews into moneylending and petty trade created enduring tensions with the surrounding populace. Louis XVI's patents (1784) removed one demeaning law but otherwise imposed harsher laws on most Jews while further privileging the wealthy. Since Louis XVI's Edict of Toleration for Protestants (non-Catholics) did not apply to Jews, his government attempted, but failed, to produce legislation for Jews modeled on Joseph II's.
APA, Harvard, Vancouver, ISO, and other styles
3

"Southern Water Authority v Pegrum and Pegrum [1989] Crim LR 442 (DC) Facts: The respondents were charged with an offence contrary to s 31(1) of the Control of Pollution Act 1974, causing polluting matter (pig effluent) to enter a stream. The respondents reared pigs; effluent produced by the pigs was held initially in tanks and then transferred by gravity into a lagoon constructed for the purpose. The lagoon itself was emptied of liquid content for use as manure several times a year and of sediment annually. In the winter of 1987, after heavy rain, a blocked drain resulted in rain water flowing into the lagoon. A fissure developed at the top of one side of the lagoon and polluting liquid escaped, finding its way into a stream and eventually into a river. The magistrates found that the overflow from the lagoon was caused by an act of God – the ingress of rainwater – and that it was unnecessary to consider whether the respondents were negligent either in not inspecting the drain or discovering the overflow promptly enough or in not providing an adequate drain. They further found that the blocked drain causing the ingress of rainwater was an intervening event ‘breaking the chain of causation’. They dismissed the information and the prosecutor appealed by way of case stated. Held, allowing the appeal and remitting the case with a direction to convict, the following principles applied: (1) where the defendant conducts some active operation involving the storage, use or creation of material capable of polluting a river should it escape, then if it does escape and pollute, the defendant is liable if he ‘caused’ that escape; (2) the question of causation is to be decided in a common sense way; (3) a defendant may be found to have caused that escape even though he did not intend that escape and even though the escape happened without his negligence; (4) it is a defence to show that the cause of the escape was the intervening act of a third party or act of God or vis major which are the novus actus interveniens defences to strict civil liability referred to in Rylands v Fletcher (1868) LR 3 HL 330; (5) in deciding whether the intervening cause affords a defence the test is whether it was of so powerful nature that the conduct of the defendant was not a cause at all, but was merely part of the surrounding circumstances. On the facts of the present case, the active operations or positive acts of the respondents were the storage and re-use of the effluent which resulted in the formation of the toxic sediment which polluted the stream. The magistrates erred in finding that the ingress of rainwater was an act of God; an act of God is an operation of natural forces so unpredictable as to excuse a defendant all liability for its consequences. The quantity of rain could not properly be regarded in itself as an act of God and in any event the ingress of rainwater into the lagoon was the result of the overflow from the blocked drain. Although unpredictable and unforeseeable operation of animate forces can amount to an act of God (see Carstairs v Taylor (1870) LR 6 Exch 217), there was no factual basis for such finding in the present case. The respondents submitted that the blocked drain was an effective intervening cause relegating the respondent’s effluent operation to a mere surrounding circumstance; it was sought to distinguish Alphacell Ltd v Woodward [1972] AC 824 on the basis that in." In Sourcebook Criminal Law. Routledge-Cavendish, 1996. http://dx.doi.org/10.4324/9781843143093-71.

Full text
APA, Harvard, Vancouver, ISO, and other styles
You might also be interested in the extended bibliographies on the topic 'Roman law. Vis major (Civil law)' for particular source types:
Journal articles Books
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