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Books on the topic 'Subject To Liability'

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Published: 4 June 2021

Last updated: 15 February 2022

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1

Weerasooria, W. S. Law governing insurance negligence damages and third party motor claims: With a comprehensive coverage of case law of over 250 Sri Lankan judicial decisions on the subject. Stamford Lake Publication, 2014.

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2

United States. Congress. Senate. Committee on the Judiciary. Individual treble damage liability: Hearing before the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, first session, on S. 1300, a bill to provide for antitrust law violators to be subject to individual responsibility for treble the amount ... July 29, 1985. U.S. G.P.O., 1986.

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3

Dute, Jos, Michael G. Faure, and Helmut Koziol, eds. Liability for and Insurability of Biomedical Research with Human Subjects in a Comparative Perspective. Springer Vienna, 2004. http://dx.doi.org/10.1007/978-3-7091-0601-3.

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4

United States. Congress. House. Committee on Ways and Means. Miscellaneous reconciliation issues proposed by the administration and various House committees relating to tax treatment of Overseas Private Investment Corporation, exclusions for certain overseas allowances received by Defense Department personnel, nonrecognition of capital gains for divestments of property subject to federal ethics requirements, and petroleum tax for oil spill liability trust fund: For consideration by the Committee on Ways and Means. Joint Committee on Taxation, 1989.

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5

United States. Congress. House. Committee on Ways and Means. Description of miscellaneous reconciliation proposals by the administration and various House committees relating to tax treatment of Overseas Private Investment Corporation, exclusions for certain overseas allowances received by Defense Department personnel, nonrecognition of capital gains for divestments of property subject to federal ethics requirements, and petroleum tax for oil spill liability trust fund: For markup consideration by the Committee on Ways and Means on June 29, 1989. Joint Committee on Taxation, 1989.

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6

Monaghan, Nicola. 16. Accessorial liability. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0016.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the law relating to accessorial liability or parties to crime. It discusses liability for aiding, abetting, counselling, or procuring the commission of an offence under the Accessories and Abettors Act 1861, the scope of accessorial liability after the decision in R v Jogee [2016] UKSC 8, the effect of withdrawing participation, liability for participation after the offence, protection of the victim, and recommended reforms to the law.

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7

The Cobalt Commercial Mines (Limited): No personal liability, not subject to call, capital $300,000.00 ... s.n., 1991.

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8

Monaghan, Nicola. 4. Strict, vicarious, and corporate liability. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0004.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the three special forms of criminal liability: strict liability (including absolute liability), vicarious liability, and corporate liability. A strict liability offence is an offence which does not require proof of at least one mens rea element. An absolute liability offence does not require proof of any mens rea elements. Vicarious liability imposes liability on the defendant for the acts or omissions of another person. Corporate liability relates to the liability of a company for a criminal offence.

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9

Hedley, Steve, and Nicola Padfield. 9. Parties, and liability for others. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199586561.003.1055.

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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 discusses liability for torts committed by others. The defendant may be liable for torts committed by others in a number of situations. These situations include: where the defendant’s employee commits a tort; where the defendant was under a duty to prevent others committing torts; and where the defendant’s duty was non-delegable. Where a number of different people are responsible for the same damage, then as between themselves, the law may make a rough apportionment of blame. But each one of them is liable to the claimant for the whole of the loss.

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10

Dignam, Alan, and John Lowry. 2. Corporate personality and limited liability. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0002.

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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 deals with corporate personality and limited liability, two concepts that form the core of company law. It begins with a short historical background on how the process of corporatisation through charters evolved over time, including the emergence of the use of trust as an instrument to confer many of the privileges of incorporation. It then considers the case Salomon v Salomon & Co (1897) which decided on the legitimacy of small businesses with a corporate form, and offers some other good examples of the consequence of separate personality. The chapter also discusses the rights of members and shareholders with respect to ownership of the corporation, focusing on dispersed shareholdings and close companies.

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11

Dignam, Alan, and John Lowry. 2. Corporate personality and limited liability. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0069.

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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 deals with corporate personality and limited liability, two concepts that form the core of company law. It begins with a short historical background on how the process of corporatisation through charters evolved over time, including the emergence of the use of trust as an instrument to confer many of the privileges of incorporation. It then considers the case Salomon v Salomon & Co (1897) which decided on the legitimacy of small businesses with a corporate form, and offers some other good examples of the consequence of separate personality. The chapter also discusses the rights of members and shareholders with respect to ownership of the corporation, focusing on dispersed shareholdings and close companies.

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12

Trevor C, Hartley. Part I General and Introductory, 5 Subject-Matter Scope: Specific Exclusions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0005.

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This chapter consider matters specifically excluded from the scope of Brussels 2012, Lugano 2007, and the Hague Convention. Each of these instruments contains a list of subjects — for example, status of natural persons — that are excluded from its scope. Under Brussels, and almost certainly under Lugano and Hague as well, these legal concepts have an autonomous meaning. They are not interpreted according to national law. If this were not so, the scope of the instrument would vary from State to State. Topics discussed include rights in property arising out of a matrimonial relationship, wills and succession, bankruptcy, social security, arbitration, maintenance, consumer contracts, employment contracts, carriage of persons and goods, maritime matters, competition (antitrust) matters, liability for nuclear damage, personal injury, damage to property, matters subject to exclusive jurisdiction, infringement of intellectual property rights, and declarations under the Hague Convention.

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13

Hedley, Steve, and Nicola Padfield. 4. Negligent harm to the person: special duties. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199586561.003.0366.

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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 a number of special cases of negligence liability. These include products liability, road accidents, occupiers’ liability, employers’ liability, and medical care. Nearly all of the cases considered are concerned with personal injury, though they may sometimes involve property damage instead of, or in addition to, personal injury.

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14

David, Scorey, Geddes Richard, and Harris Chris. Part II The Bermuda Form in Detail, 7 Occurrence Definition. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.003.0007.

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This chapter discusses the Bermuda Form occurrence definition. The occurrence definition has historically served a dual function. It describes the nature of the event or circumstance subject to coverage in general. It also determines and conclusively establishes the link between (1) the injury or damage from which the legal liability alleged against the insured arises, and (2) the specific policy and policy period that may respond and provide an indemnity to an insured in respect of its liability for that claim. In the Bermuda Forms, the occurrence definition is an amalgam or hybrid creature, combining principles of different approaches to describing the nature of the events or circumstances generally contemplated to be within the scope of coverage, and also because it addresses other subjects not traditionally addressed in such definitions.

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15

Hedley, Steve, and Nicola Padfield. 11. Defences and other factors limiting damages. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199586561.003.1347.

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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 discusses defences to tort actions. These are consent and exclusion of liability; contributory negligence; illegality; limitation; and necessity. They provide a number of safety valves for courts concerned to limit the scope of liability.

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16

Hedley, Steve, and Nicola Padfield. 5. Negligence: property and economic losses. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199586561.003.0508.

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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 discusses negligence liability for property and economic losses. It covers the distinction between property damage and pure economic loss; ‘special relationships’ and negligent misstatement; the cutting edge of liability; organizing concepts; and the influence of surrounding areas of law.

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17

Horsey, Kirsty, and Erika Rackley. Kidner's Casebook on Torts. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198830887.001.0001.

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Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

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18

Horsey, Kirsty, and Erika Rackley. Kidner's Casebook on Torts. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785279.001.0001.

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Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

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19

Horsey, Kirsty, and Erika Rackley. Casebook on Tort Law. 16th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192893659.001.0001.

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Kidner’s Casebook on Torts provides a comprehensive, portable library of the leading cases in the field. It presents a wide range of carefully edited extracts, which illustrate the essence and reasoning behind each decision made. Concise author commentary focuses the reader on the key elements within the extracts. Statutory materials are also included where they are necessary to understand the subject. The book examines the tort of negligence including chapters on the basic principles of duty of care, omissions and acts of third parties, the liability of public bodies, psychiatric harm, economic loss, breach of duty, causation and remoteness of damage and defences. It goes on to consider three special liability regimes—occupiers’ liability, product liability and breach of statutory duty—before turning to discussion of the personal torts and land torts. It concludes with chapters on vicarious liability and damages.

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20

Witting, Christian. Street on Torts. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811169.001.0001.

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Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject. Part II looks at negligent invasions of interests in the person, property and financial assets as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of interests in the person and property. Part IV looks at misrepresentation-based and economic torts. Part V is about torts of strict or stricter liability (that is, where fault plays either no part or a lesser part in liability decisions) and includes consideration of nuisance and product liability. Part VI considers interests in reputation (ie defamation). Part VII is about actions in privacy. Part VIII looks at the misuse of process and public powers. The final part, Part IX, is about parties and remedies.

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21

Lunney, Mark, Donal Nolan, and Ken Oliphant. Tort Law: Text and Materials. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198745525.001.0001.

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Tort Law: Text and Materials brings together a selection of carefully chosen extracts from cases and materials, with extensive commentary. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. The authors start by introducing the subject, and then examine intentional interference with the person before moving on to liability for negligence. Their analysis provides an overview of negligence liability in general, and then addresses in turn breach of duty, causation and remoteness, defences to negligence, and specific duty of care issues (psychiatric illness, economic loss, omissions and acts of third parties, and public bodies). In the following chapter, the authors consider the special liability regimes for employers and occupiers, as well as product liability and breach of statutory duty. The focus then switches to nuisance and the rule in Rylands v Fletcher, defamation, and privacy, before turning to vicarious liability, and damages for personal injury and death. Finally, they explore how tort works in practice.

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22

Witting, Christian. Street on Torts. 16th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198865506.001.0001.

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Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject, including examination of protected interests in tort and the history of this branch of law beginning with the ancient trespass torts. Part II looks at negligent infringements of the person, property and financial interests, as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of interests in the person and property. Part IV looks at misrepresentation-based and general economic torts. Part V is about torts of strict or stricter liability (that is, where fault plays either no part or a lesser part in liability decisions) and includes consideration of nuisance and product liability. Part VI considers interests in reputation (ie defamation). Part VII is about actions in privacy. Part VIII looks at the misuse of process and public powers. The final part, Part IX, is about vicarious liability, parties, and remedies.

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23

Wollgast, Heike. Das Haftende Subjekt der gemeinschaftsrechtlich gebotenen Staatshaftung in der Bundesrepublik Deutschland. s.n., 1998.

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24

Steele, Jenny. Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198768807.001.0001.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Tort Law: Text, Cases, and Materials combines incisive commentary with carefully selected extracts from primary and secondary materials to provide a balance of support and encouragement. This volume starts by introducing the fundamental principles of the subject before moving on to discuss more challenging issues, hoping to encourage a full understanding of the subject and an appreciation of the more complex debates surrounding the law of tort. The text starts by providing an overview. Various torts are then arranged along a spectrum from intentional torts, through negligence, to stricter liabilities. Also considered are issues relating to damages, compensation, limitation, and vicarious liability. After introducing intentional torts, the book looks at the tort of negligence. Chapters also cover nuisance and duties relating to land and defamation and privacy. Finally, stricter liabilities are examined such as product liability.

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25

Danny, Busch, Ferrarini Guido, and Franx Jan Paul, eds. Prospectus Regulation and Prospectus Liability. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198846529.001.0001.

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This book provides integrated analysis of and guidance on the Prospectus Regulation 2017, civil liability for a misleading prospectus, and securities litigation in a European context. The prospectus rules are one of the cornerstones of the EU Capital Markets Union and analysis of this aspect of harmonisation, the areas not covered by the rules, and the impact of Brexit, provides valuable reference for all advising and researching this field. The book discusses the subjects of Prospectus Regulation from both a legal and economic perspective. It focuses on key subjects of the new Prospectus Regulation, providing an in-depth analysis of each issue. The book then moves on to explain the domestic law on liability for a misleading prospectus, this issue being omitted from the Regulation. The law and practice in each of the key capital markets centres in Europe is analysed and compared, with the UK chapter covering the issues and possible solutions under Brexit. A chapter on securities litigation gives full consideration of conflicts of laws issues with reference to the Brussels I regulation, and the Rome I and II Regulations. The book concludes by looking to the future of disclosure practices in connection with securities offerings in the EU.

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26

Jurisprudence, Product Safety & Liability: Index of New Information With Authors & Subjects. Abbe Pub Assn of Washington Dc, 1995.

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27

Jurisprudence, Product Safety & Liability: Index of New Information With Authors & Subjects. Abbe Pub Assn of Washington Dc, 1995.

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28

Dignam, Alan, and John Lowry. 3. Lifting the veil. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0003.

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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 discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Three cases are highlighted: Adams v Cape Industries (1990), Chandler v Cape Plc (2012), and Prest v Petrodel Industries Ltd (2013). The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.

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29

Dignam, Alan, and John Lowry. 3. Lifting the veil. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0150.

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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 discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Three cases are highlighted: Creasey v Breachwood Motors Ltd (1993), Ord v Belhaven Pubs Ltd (1998), and Trustor AB v Smallbone (No 2) (2001). The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.

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30

Hedley, Steve, and Nicola Padfield. 7. Land use and the environment. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199586561.003.0761.

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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 discusses torts that provide protection in respect of land use. These are trespass to land; private nuisance; public nuisance; and strict liabilities for dangerous activities. Liability for animals is also considered.

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31

Elliott, Mark, and Jason N. E. Varuhas. Administrative Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198719465.001.0001.

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Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. This book provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, the text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. Topics covered include: jurisdiction, the status of unlawful administrative action, public law principles, abuses of discretion, fairness, remedies, and the liability of public authorities.

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32

Hedley, Stephen. Tort. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199586561.001.0001.

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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. The seventh edition of Tort introduces the central principles of the subject, providing a clear and concise exposition of the law. The text provides an introduction to this key area of undergraduate study. The book starts with the question: what is tort? Chapters then consider deliberate harm and negligent harm. The book also looks at deliberate infliction of economic loss, land use and the environment, and protection of reputation. Finally the book examines parties, liability, remedies, and defences and other factors limiting damages.

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33

Science & Life Consultants Association., ed. Jurisprudence, product safety and liability: Index of new information with authors & subjects. Abbe Publishers Association of Washington, D.C., 1994.

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34

Witting, Christian. Street on Torts. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198700944.001.0001.

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Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject. Part II looks at negligent invasions of interests in the person, property and financial interests as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of protected interest. The next part looks at interference with economic and intellectual property interests. Part V is about torts and strict or stricter liability. Part VI considers interests in reputation (i.e. defamation). The next part is about the misuse of private information. The part that follows looks at the misuse of process and public powers. The final part, Part IX, is about parties and remedies.

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35

Davies, Paul. Damages Actions by Investors on the Back of Market Disclosure Requirements. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813392.003.0015.

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EU rules requiring disclosures to the market by publicly traded companies have developed enormously since the first Listing Particulars Directive of 1980. However, even today they are hesitant about dealing with the subject of investor actions for damages for breaches of the rules. In relation to public offerings, periodic disclosures, and episodic disclosures, the current EU rules do not bring about harmonisation of national systems of damages liability in investor actions, but rather place almost exclusive emphasis on coordinated administrative action and sanctions. This chapter considers the question of how the liability rules should be shaped if they are to contribute most effectively to the achievement of the goals of the Union's disclosure rules. The discussions cover investor actions and the promotion of disclosure, investor litigation in the context of public offerings, and investor litigation in the context of continuing disclosures.

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36

Monaghan, Nicola. 5. Murder and voluntary manslaughter. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0005.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the elements of murder and the partial defences which reduce a defendant’s liability to voluntary manslaughter. Murder is a common law offence that is committed when a defendant unlawfully causes the death of a person with an intention to kill or cause grievous bodily harm (GBH). Where a defendant has both the actus reus and mens rea for murder, but also has one of three special, partial defences available to him, his liability for murder is reduced to that of manslaughter (voluntary manslaughter). Loss of control, diminished responsibility, suicide pact, and infanticide are also discussed.

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37

Dignam, Alan, and John Lowry. 14. Directors’ duties. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0014.

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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 is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.

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38

Gerard, McMeel. Part III Particular Contractual Provisions, 20 Conditions, Warranties, and Indemnities. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198755166.003.0020.

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This chapter examines contractual provisions on conditions, warranties, and indemnities. It first characterizes conditions, their varieties, as well as the nature of discharge or termination associated with conditions. Next, the chapter turns to warranties. After a brief introduction to the subject, the chapter focuses more specifically on case examples of warranties in business acquisition contracts. In English law of contract, conditions and warranties have myriad meanings in the field, with multiple contexts and distinctions which this chapter explores in more depth. Finally, the chapter discusses indemnities and the construction of indemnity clauses. An indemnity clause usually provides that if one party (‘the indemnified party’) incurs a liability to a third party to the contract as a result of the performance of the contract, they shall be entitled to be indemnified by the other party (‘the indemnifier’) against that liability.

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39

Dignam, Alan, and John Lowry. 14. Directors’ duties. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.1433.

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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 is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.

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40

Wright, Kathryn, Clare Firth, Lucy Crompton, et al. 7. Inheritance tax. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787662.003.0007.

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This chapter deals with inheritance tax (IHT). It explains the charge to IHT; potentially exempt transfers (PETs); the transfer of value on death; the occasions to tax; the charge to tax and a lifetime chargeable transfer (LCT); the charge to tax and a LCT where the transferor dies within seven years of the LCT; the charge to tax and a PET; the charge to tax and death; gifts subject to a reservation; liability, burden, and payment of tax; and tax planning.

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Wright, Kathryn, Clare Firth, Lucy Crompton, et al. 7. Inheritance tax. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823209.003.0007.

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Abstract:

This chapter deals with inheritance tax (IHT). It explains the charge to IHT; potentially exempt transfers (PETs); the transfer of value on death; the occasions to tax; the charge to tax and a lifetime chargeable transfer (LCT); the charge to tax and a LCT where the transferor dies within seven years of the LCT; the charge to tax and a PET; the charge to tax and death; gifts subject to a reservation; liability, burden, and payment of tax; and tax planning.

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42

Monaghan, Nicola. Criminal Law Directions. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.001.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Criminal Law Directions is written with an emphasis on explaining the key topics of Criminal Law courses with clarity. The book starts by offering an introduction to criminal law. It also looks at the issues of actus reus and mens rea. It goes on to consider topics such as strict, vicarious, and corporate liability; murder and voluntary manslaughter; involuntary manslaughter; non-fatal offences against the person; and sexual offences. It moves on to look at theft and other offences against property, including robbery, burglary, blackmail, handling, and criminal damage. Fraud and drugs offences are then examined and general and specific defences are explored. Finally the book considers inchoate offences and accessorial liability.

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Monaghan, Nicola. Criminal Law Directions. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198848783.001.0001.

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Abstract:

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Criminal Law Directions is written with an emphasis on explaining the key topics of Criminal Law courses with clarity. The book starts by offering an introduction to criminal law. It also looks at the issues of actus reus and mens rea. It goes on to consider topics such as strict, vicarious, and corporate liability; murder and voluntary manslaughter; involuntary manslaughter; non-fatal offences against the person; and sexual offences. It moves on to look at theft and other offences against property, including robbery, burglary, blackmail, handling, and criminal damage. Fraud and drugs offences are then examined and general and specific defences are explored. Finally the book considers inchoate offences and accessorial liability.

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44

Jos, Dute, Faure Michael, Koziol Helmut, Cousy Herman, and European Centre of Tort and Insurance Law., eds. Liability for and insurability of biomedical research with human subjects in a comparative perspective. Springer, 2004.

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Hedley, Steve, and Nicola Padfield. 8. Protection of reputation. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199586561.003.0912.

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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 tort for the protection of reputation. Reputation is protected principally by the tort of defamation. Defamation is almost unique among the torts: it is very often heard before a judge and jury, rather than a judge alone. The role of the jury is to determine matters of fact and to determine the level of damages. The chapter discusses liability; remedies; absolute defences; qualified defences; other torts protecting reputation; and reform of the law.

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46

Allen, Michael J. Criminal Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198788676.001.0001.

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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 25 years. This is the fourteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

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47

Allen, Michael, and Ian Edwards. Criminal Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198831938.001.0001.

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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 28 years. This is the fifteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

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48

Allen, Michael, and Ian Edwards. Criminal Law. 16th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198869931.001.0001.

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Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. Textbook on Criminal Law has been providing students of criminal law with a readable and reliable introduction to the subject for the past 30 years. This is the sixteenth edition, which has been updated to include all of the latest case law and statutory changes. Topics covered include actus reus, mens rea, negligence and strict liability, and capacity and incapacitating conditions. It also examines general defences, parties to crime, inchoate offences, and homicide. Towards the end of the book chapters consider non-fatal offences, sexual offences, offences under the Theft Acts 1968 and 1978, fraud, and criminal damage.

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49

Monaghan, Nicola. 15. Inchoate offences. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811824.003.0015.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter deals with liability for inchoate offences. ‘Inchoate’ means incomplete or undeveloped. Where, for whatever reason, the full criminal offence is not committed, the defendant may still be liable for an inchoate offence. There are three types of inchoate offence: encouraging or assisting crime, conspiracy, and attempt. There are three offences of encouraging or assisting crime under the Serious Crime Act 2007, namely intentionally encouraging or assisting an offence; encouraging or assisting an offence believing it will be committed; and encouraging or assisting offences believing one or more will be committed.

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Benbaji, Yitzhak. Pre-emptive Rules and the Scope of Defensive Rights. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190495657.003.0003.

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This essay advances a morality of defensive harm, which I call “Rule-SD.” Rule-SD resolves in a new way two types of difficult cases. It entails that if certain conditions are met, a defender has the right to kill a man who is innocently falling on her, if this is necessary for her survival. Moreover, Rule-SD yields the “free competition resolution” in some symmetrical cases; it implies that two people who innocently threaten each other might have a right to kill each other if necessary for their survival. Rule-SD’s core claim is that a defender’s right of self-defense might arise from a “pre-emptive rule” rather than from facts about the liability of the attacker. In those cases, the defender is subject to a rule that permits self-preference.

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