Academic literature on the topic 'Third person’s liability'
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Journal articles on the topic "Third person’s liability"
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Ayusheeva, I. Z. "Personal Non-Property Rights Arising in Human Organs Bioprinting." Lex Russica, no. 7 (July 23, 2020): 24–33. http://dx.doi.org/10.17803/1729-5920.2020.164.7.024-033.
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3D printing is currently one of the markers of the technological revolution. The development of additive production challenges the legal science to search for adequate legal regulation of relations concerning the use of 3D printing in the area of treatment of humans. At the present stage, we need to resolve not only the issues concerning regulation of property relations arising in connection with bioprinting, but also the issues of regulation of personal non-property relationships. The implementation of 3D printing of human organs is inevitably associated with the interference with the exercise of personal non-property rights. New technologies development requires the resolution of the content of the right to health, the liability and responsibilities of creators of 3D printing files (CAD-files), medical establishments. The need to address bioethical problems is a new challenge for the humanity. Due to the possibility of creating human organs artificially, it is important to define the limits of the exercise of personal non-property rights. Do the limits for the perfection of a person’s body exist? Can an individual freely dispose of his or her body, their organs, individual cells of the body? Can the human organism, its individual cells, be considered as a material for bioprinting, giving them all the properties of material objects having marketability? On the other hand, the creation of bio-prints raises the problem of protection of personal data, information about the person’s health, other personal data that may become available to third parties and be used by the third parties to the detriment of the individual. Can the appropriate bio-material or a layout of printed unique human organ be used by third parties in their activities? How does the exercise of property and intellectual rights relate to the exercise of personal non-property rights in the framework of personal non-property relationships not related to property relationships? The research is devoted to finding answers to the questions posed.
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Pfeifer, Ulrich, and Ruth Horn. "Can there be wrongful life at the end of life? German courts revisit an old problem in a new context." Journal of Medical Ethics 46, no. 5 (February 14, 2020): 348–50. http://dx.doi.org/10.1136/medethics-2019-105883.
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This article discusses a recent ruling by the German Federal Court concerning medical professional liability due to potentially unlawful clinically assisted nutrition and hydration (CANH) at the end of life. This case raises important ethical and legal questions regarding a third person’s right to judge the value of another person’s life and the concept of ‘wrongful life’. In our brief report, we discuss the concepts of the ‘value of life’ and wrongful life, which were evoked by the court, and how these concepts apply to the present case. We examine whether and to what extent value-of-life judgements can be avoided in medical decision-making. The wrongful-life concept is crucial to the understanding of this case. It deals with the question whether life, even when suffering is involved, could ever be worse than death. The effects of this ruling on medical and legal practice in Germany are to be seen. It seems likely that it will discourage claims for compensation following life-sustaining treatment (LST). However, it is unclear to what extent physicians’ decisions will be affected, especially those concerning withdrawal of CANH. We conclude that there is a risk that LST may come to be seen as the ‘safe’ option for the physician, and hence, as always appropriate.
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Rand, John S. "Pharmacists' Liability Towards Third Persons." Journal of Pharmacy Practice 5, no. 1 (February 1992): viii—x. http://dx.doi.org/10.1177/089719009200500101.
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Feldmanis, Laura. "The Principle of Trust for Exceptions to the Non-Regression Clause in the Case of Delict of Negligence." Juridica International 28 (November 13, 2019): 86–94. http://dx.doi.org/10.12697/ji.2019.28.10.
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The delict of negligence is defined in terms of violation of the duty of care. While that duty entails displaying the level of care required from anyone and necessary for communication in the relevant society, there is no comprehensive list of the standards pertaining to the duty of care, especially as would be foreseeable from an objective perspective. In addition, a question arises: in which case does the person have to take responsibility in accordance with the delict of negligence for damaging a person’s legal rights stemming from a crime committed by a third party, or rather is this specific person’s duty restricted to his own acts. While the answer may seem at first glance to be provided by the non-regression clause, in line with which a person’s intervention within a chain created by the person who caused the original threat rules out the possibility of accusing the person who caused the original threat, the matter is not so simple: exceptions to the non-regression clause exist, and it is not always applicable. Certain principles are employed in the dogmatics of penal law accordingly, to specify how the duty of care and objective predictability are substantiated and how to handle exceptions to the non-regression clause. One of these rules, which is an outgrowth of the traffic rules, is the principle of trust. Applied not just with regard to traffic but also in situations of division of duties and in relation to general communication between people, this principle has been confirmed in Estonian Supreme Court practice. The article considers two significant questions that arise in connection with the principle of trust: firstly, in what cases is there a reason to trust, and, secondly, where is there a reason to doubt? After addressing the meaning of the principle of trust, the paper examines the effect on liability in scenarios wherein the person who originally caused the threat acts out of negligence yet the threat caused by that person is actualised in the form of an act violating legal rights by another, realised in either delict of negligence or an intentional delict. Finally, the article presents the conclusion that it is important to investigate which element of the structure of delict the principle of trust belongs to.
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Sieburgh, Carla. "The Attribution of Acts: Towards a Principled Assessment under EU and National Private Law." European Review of Private Law 24, Issue 3/4 (June 1, 2016): 645–71. http://dx.doi.org/10.54648/erpl2016039.
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Abstract: Attribution of conduct almost necessarily touches upon the essence of a person, be it a private person (a natural person or a private legal person) or a public person. The result of such attribution may substantially restructure the essence of that person. Through attribution, a court moulds the person to whom the act is attributed into a shape that fits in with the court’s understanding of justice or of what a desirable result is. To prevent the ends envisioned by the court to drive it mechanically to attribute conduct to a person as if it were that person’s own conduct, a refined and balanced approach to attribution has to be adopted. The court must balance the interests of the person to whom the act is to be attributed, the interests of society as a whole, and the protection of the legitimate and reasonable expectations of third parties. With regard to the attribution of unlawful acts, the reasoning of the Supreme Court of the Netherlands in the case of Knabbel en Babbel may be a source of inspiration: The conduct of a person will constitute an (unlawful) act of another person if it is generally held in society that the conduct must be considered to be that other person’s act. Attribution of conduct of person A to person B as if it were person B’s own conduct can follow from the nature of A’s conduct and capacity, viewed against the background of relevant acts, omissions, and circumstances within the sphere of responsibility of B. Rather than proceeding on the basis of one principle that may be upheld or rejected in favour of another principle, it is advisable to start assessing attributability on the basis of all interconnected principles and interests. The assessment of attribution, which takes place in fields such as state liability, state aid, competition law, public procurement law, and the provision of Internet services, will thus reflect a broader range of arguments. Those arguments may derive from the fields of international and supranational laws just mentioned, from the branch in which a legal person is active, from private law doctrines regarding attribution (the protection of legitimate expectations within the ambit of agency law, the attribution of acts to a state, to a company, or to an employer on the basis of authority, the attribution of unlawful acts to a state, to an enterprise, or to an employer), and from human rights law. An approach is thus called for that seeks to reconcile respect for different aspects of persons: One may act as an official who observes the applicable regulations or as a person making use of one’s freedom of expression. This will improve the level of substantive justice achieved by the judgment.
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Orlicki, Marcin. "Motor Third-Party Liability of Personal Transportation Devices and Its Insurance." Prawo Asekuracyjne 4, no. 101 (December 15, 2019): 3–17. http://dx.doi.org/10.5604/01.3001.0013.6732.
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The aim of the article is to describe the principles of liability of autonomous and dependent possessors as well as of users of personal transportation devices for damage caused by their movement. The liability of holders of such devices is independent of their fault and is based on the principle of risk. However, in the event of a collision between two such transporters or a personal transportation device with a car or a motorcycle, the liability shall be based on the principle of guilt. The liability of the user of a personal transportation device is also fault-based. Owners of personal transportation devices are not subject to the motor third-party liability insurance. As long as these devices are not legally required to be registered, there is no effective mechanism to control the fulfilment of the third-party liability insurance obligation. It is therefore not possible to introduce compulsory liability insurance. However, it is necessary and important to popularize and strengthen the insurance coverage under liability insurance in private life, including liability for damage resulting from the usage of personal transportation devices.
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Bak, Joanna. "Personal Liability Insurance." Olsztyn Economic Journal 7, no. 1 (June 30, 2012): 87–94. http://dx.doi.org/10.31648/oej.3408.
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Personal liability insurance is still not popular as a way to cover accidental injury or damage to the property of a third party. The aim of the conducted research was to identify the limit of coverage and popularity of personal liability insurance on the Polish insurance market. This article presents the number of insurers offering personal liability insurance, the number of policies and the gross written premiums from 2004 until 2009. In depth analysis of the personal liability insurance, general conditions was conducted and the popularity of personal liability insurance among the employees of the Marshal's Office in Olsztyn was surveyed.
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Senotrusova, E. M. "Guilt as One of the Grounds for the Prohibition (Suspension) Activities on the Russian Civil Law." Siberian Law Herald 2 (2021): 55–62. http://dx.doi.org/10.26516/2071-8136.2021.2.55.
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The article considers the essence of the category of guilt as one of the grounds for prohibiting (suspending) activities under Russian civil law. The article analyzes the shortcomings ofthe legal definition of guilt stipulated in article 401 of the civil code of the Russian Federation due to the mixing of objectivist and subjectivist concepts. Based on the analysis of the judicial practice of the application of Article 1065 of the Civil Code of the Russian Federation, a conclusion was made about the unsatisfactory state of law enforcement in establishing guilt in a person’s behavior. Monuments of Roman law are studied for the purpose of revealing the category of guilt. A brief overview of approaches to the concept of guilt in the civil legislation of a number of foreign countries and in the Model rules of European Private Law is given. The positions of the Supreme Court of Austria and the countries of the Anglo-Saxon legal family are given on this issue. The article briefly covers the integral theory developed By E. A. Kramer for the objective assessment of individuals ‘ discretion in conducting any activity that may entail adverse consequences for third parties. In connection with the special functions and purpose of the Institute of responsibility in private law and institute for the prevention of harm, the conclusion is defended that it is unacceptable to directly borrow the category of guilt from criminal law to civil law. The article substantiates the need to apply the objectivist concept of guilt in civil law as a deviation from the standard of behavior of an ordinary reasonable participant in the turnover, taking into account individual characteristics of a person. Taking into account the provisions of the current civil legislation on liability, a conclusion was made about the possibility of applying a simplified scheme of forms and types of guilt, including when deciding on the establishment of an injunction. The question of the ratio of guilt, considered from the point of view of the objectivist approach, and wrongfulness is touched upon.
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Klimek, Libor. "Criminal Liability of Legal Persons in Case of Computer Crime: A European Union Response." International and Comparative Law Review 15, no. 2 (December 1, 2015): 135–43. http://dx.doi.org/10.1515/iclr-2016-0040.
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Abstract The contribution deals with the criminal liability of legal persons in case of computer crime. It is divided into three sections. The first section briefly introduces computer crime and relevant legislation of the European Union in the area of criminal law, which is the basis of that liability. While the second section is focused on provisions of criminal liability of legal persons, the third section is focused on sanctions for legal persons.
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Bergkamp, Lucas. "A Future Environmental Liability Regime." European Energy and Environmental Law Review 7, Issue 7 (July 1, 1998): 200–204. http://dx.doi.org/10.54648/eelr1998032.
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The Commission's Working Paper on environmental liability and the forthcoming proposal for a directive. The proposed strict liability regime. Scope - prospective rather than historic damage; dangerous activities regulated by EC law; natural resources protected by EC law. Liable persons, liability being channelled to the operator; position of banks and other lenders; "mitigated joint and several liability" where there are multiple liable parties. Defences: force majeure, act of God; contributory negligence; third party intervention; but not state of the art and regulatory compliance. The damage in respect of which liability would arise: environmental damage, and also personal injury, property damage and loss of profits if caused by regulated dangerous activities; focus on the type of damage rather than the activity. Future contaminated sites: cleanup trigger levels and cleanup objectives. Causation: a presumption rebuttable by a prevailing probability. Standing to sue: a two tier approach. Conclusion that the Working Paper sets out some useful ideas but omits important concepts and does not provide much detail.
Dissertations / Theses on the topic "Third person’s liability"
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Cheung, Chi Leung. "Exploring greater use of mediation in third party bodily injury claim disputes in Hong Kong's insurance sector." access abstract and table of contents access full-text, 2005. http://libweb.cityu.edu.hk/cgi-bin/ezdb/dissert.pl?ma-slw-b20833313a.pdf.
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Thesis (M.A.)--City University of Hong Kong, 2005."Dissertation submitted to the School of Law in partial fulfillment of the requirements for the degree of Master of arts in arbitration & dispute resolution." Title from title screen (viewed on Mar. 27, 2006) Includes bibliographical references.
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Boguský, Pavel. "Odpovědnost a ručení členů orgánů akciové společnosti vůči třetím osobám." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-330336.
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Primary and secondary liability of members of the Board of Directors against third persons The aim of my thesis is to analyse thoroughly the regulation of primary and secondary liability of members of the Board of Directors against third persons (so-called 'outside liability') under the laws of the Czech Republic. The reason for choosing this topic is that it is relatively overlooked by most of the authors since they primarily focus on liability of the Directors against their own company (so-called 'inside liability'). By conducting my research I intend to redress such an omission and prove the significance of this issue. Chapter one provides a general overview of the inside liability issue. It explains why the Directors are in discharging their duties primarily accountable to the company for the damage caused by a breach of their duties and why third persons are entitled to claim damages from the Directors only in cases laid down in special statutory provisions. Chapter two together with chapter three form a substantial part of the text and provide the basis for the analysis in the subsequent chapters. Examining the currently effective regulation, these chapters deal with special provisions which constitute direct liability of the Directors for the damage caused to the third persons (most...
Books on the topic "Third person’s liability"
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Liability of the operators and owners of aircraft for damage inflicted to persons and property on the surface. Maastricht: Shaker Publishing, 2003.
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Restatement of the law third, torts, liability for physical and emotional harm. St. Paul, MN: American Law Institute Publishers, 2010.
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Institute, American Law. Restatement of the law third, torts, liability for physical and emotional harm. St. Paul, MN: American Law Institute Publishers, 2010.
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Institute, American Law. Restatement of the law third, torts--liability for physical and emotional harm: Tentative draft. Philadelphia, Pa. (4025 Chestnut St., Philadelphia 19104-3099): Executive Office, American Law Institute, 2007.
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Horsey, Kirsty, and Erika Rackley. Tort Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785286.001.0001.
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Tort Law encourages the reader to understand, engage with, and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at duty of care, omissions, acts of third parties, psychiatric harm, economic loss, breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
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Deakin, Simon, Angus Johnston, and Basil Markesinis. 19. Vicarious Liability. Oxford University Press, 2013. http://dx.doi.org/10.1093/he/9780199591985.003.0019.
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Vicarious liability is liability imposed on an employer to a third party for the tort of his employee committed in the course of employment. Vicarious liability is another instance of stricter liability in the sense that the employer who is not at fault is made responsible for the employee’s default. It thereby gives the injured party compensation from the person who is better able to pay and spread the cost of the injury, namely the employer. Anyone who wishes to hold an employer vicariously liable must prove: that the offender was his employee; that he committed a tort; and that he committed it in the course of his employment. This chapter discusses each of this in turn. It also considers the Contribution between employer and employee; liability for the torts of independent contractors; and the changing contours of employers’ liability.
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Horsey, Kirsty, and Erika Rackley. Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829270.001.0001.
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Tort Law encourages the reader to understand, engage with and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at the basic principles of the duty of care and at special duty problems relating to: omissions and acts of third parties, psychiatric harm, public bodies and economic loss. It also covers breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
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Horsey, Kirsty, and Erika Rackley. Tort Law. 7th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198867760.001.0001.
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Tort Law encourages the reader to understand, engage with and critically reflect upon tort law. The book contains five parts. Part I, which is about the tort of negligence, looks at the basic principles of the duty of care and at special duty problems relating to: omissions and acts of third parties, psychiatric harm, public bodies and economic loss. It also covers breach, causation and remoteness, and defences to negligence. Part II considers occupiers’, product and employers’ liability and breach of statutory duty. Part III looks at personal torts and explains trespass to the person, defamation and the invasion of privacy. Part IV concerns land torts and Part V looks at liability (including vicarious liability), damages and limitations.
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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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Héctor, Olásolo, and Carnero Rojo Enrique. Part IV The ICC and its Applicable Law, 23 Forms of Accessorial Liability under Article 25(3)(b) and (c). Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198705161.003.0023.
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While Article 25(3)(a) of the ICC Statute assigns principal liability to persons perpetrating a crime, Article 25(3)(b)-(d) ascribes accessorial liability to those participating in the commission of a crime by third persons. Elements of the modes of liability envisaged in paragraphs (b) and (c) of Article 25(3) were proposed but eventually not included in the Elements of Crimes. This chapter discusses ICC approaches towards ordering, instigating, planning, and aiding and abetting, including the contribution and mental element required. It contrasts ICC jurisprudence with approaches of other ICCs and tribunals, including the controversy over the specific direction test in the context of aiding and abetting in the Perisić and Šainović cases at the ICTY and the Taylor case at the SCSL.
Book chapters on the topic "Third person’s liability"
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Davies, Paul S., and Graham Virgo. "19. Third Party Liability." In Equity & Trusts, 924–72. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198821830.003.0019.
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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. This chapter focuses its discussion on personal claims, where the claimant seeks a sum of money from the defendant but does not assert any right to any particular property. However, even where the defendant is solvent and could satisfy a personal claim, a proprietary claim might often be more desirable. If the property has risen in value, then that uplift in value will necessarily benefit the claimant if the claim is proprietary, but not if the claim is personal. A personal claim for the value of the property at the time of the third party’s wrong might be preferred where the property has fallen in value. Moreover, a personal claim will be the only possible type of claim available to the claimant if the property in question has been dissipated and no longer exists. In such circumstances, a proprietary claim is impossible and a personal claim alone can be pursued.
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Virgo, Graham. "20. Personal Liability of Third Parties." In The Principles of Equity & Trusts. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804710.003.0020.
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This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.
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Virgo, Graham. "20. Personal Liability of Third Parties." In The Principles of Equity & Trusts, 624–62. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198854159.003.0020.
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This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.
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"SWELLING THE ASSETS: THIRD PARTY LIABILITY." In Corporate and Personal Insolvency Law, 413. Routledge-Cavendish, 2013. http://dx.doi.org/10.4324/9781843145820-80.
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Virgo, Graham. "20. Personal Liability of Third Parties." In The Principles of Equity & Trusts (DRAFT), 696–738. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198726180.003.0020.
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Virgo, Graham. "20. Personal Liability of Third Parties." In The Principles of Equity and Trusts, 673–712. Oxford University Press, 2012. http://dx.doi.org/10.1093/he/9780199570041.003.0020.
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Morse, Geoffrey. "12. Limited Liability Partnerships—Liability to Third Parties." In Partnership and LLP Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198744467.003.0012.
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This chapter discusses the liabilities of members of limited liability partnerships (LLP) to third parties. Aside from its debts, an LLP may be liable either in its own right as the contracting party or tortfeasor by way of attribution or vicariously for the acts of its agents and employees as any other principal or employee. Under the Limited Liability Partnerships Act (2000), an individual member's personal liability for his or her own negligence whilst acting on behalf of the LLP will be a matter for the courts to determine, by analogy with the direct liability of a director as set out by the House of Lords. The chapter describes the different liabilities that emerge based on the agreed contributions by members, the contributions by court order, and by shadow members. It concludes by examining the liabilities for contracts, torts, and other wrongs.
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Hilliard, Lexa. "Liabilities of Directors To Third Parties." In Company Directors: Duties, Liabilities, and Remedies. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754398.003.0028.
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A principal purpose of incorporating a company with limited liability is to avoid the personal liability that otherwise attaches to an individual if he trades without the protection of the corporate form. Incorporation with limited liability undoubtedly shields a director from the routine liabilities associated with carrying on business when that business is carried on by a company rather than by him as an individual. Legally, the business is then the company’s business, not the director’s business and therefore any contracts concluded or obligations undertaken in relation to the business are, ordinarily, contracts or obligations of the company.
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Brennan, Carol. "9. Employers’ liability and vicarious liability." In Tort Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803904.003.0009.
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This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
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Brennan, Carol. "9. Employers’ liability and vicarious liability." In Tort Law Concentrate, 99–116. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840541.003.0009.
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This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
Conference papers on the topic "Third person’s liability"
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JURKEVIČIUS, Vaidas, and Raimonda BUBLIENĖ. "INTERACTION BETWEEN APPARENT AND IMPLIED AUTHORITY IN THE IMPLEMENTATION OF SUSTAINABLE BUSINESS RELATIOHSIPS." In International Scientific Conference „Contemporary Issues in Business, Management and Economics Engineering". Vilnius Gediminas Technical University, 2021. http://dx.doi.org/10.3846/cibmee.2021.609.
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Purpose – to reveal the problems of apparent and implied authority in the context of sustainable business relationships. Research methodology – the research is conducted from a comparative perspective, explaining the problems of apparent and implied authority in selected jurisdictions. Findings – authors conclude that apparent authority is the exclusive remedy available only where a link has been established between the circumstances of the principal and the reasonable belief of the third party. Implied authority cannot be equated with apparent authority, although case law often does not distinguish between these two categories. Research limitations – due to limited scope, this article does not address the ratification of unauthorised agent’s actions and the liability of falsus procurator. Practical implications – the research reveals that implied authority derives from the factual circumstances in which the agent acts and must be regarded as part of the actual authority, which presupposes that, unlike in the case of apparent authority, the implied representation does not qualify as one of the cases of unauthorised agency. Originality/Value – the significance of this study is linked to the development of reasonable rules for the application of apparent and implied authority in order to safeguard the legitimate interests of all persons involved in this complex relationship.
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Noneva-Zlatkova, Yordanka. "PROTECTION OF CREDITORS’ RIGHTS IN THE CONTEXT OF AN EVOLVING INVESTMENT ENVIRONMENT UNDER EU LAW." In 4th International Scientific Conference – EMAN 2020 – Economics and Management: How to Cope With Disrupted Times. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/eman.2020.179.
Full textAbstract:
In the post-global economic and financial crisis, Europe is suffering from significantly low levels of investment. This applies both to national level in the individual Member States and to those with a supranational scope. For this reason, the EC tried to stimulate the development of any investment initiative through the Juncker Plan, which is based on three pillars: the European Fund for Strategic Investments, the European Investment Advisory Center and the European Investment Projects Portal, and third, improving the business environment by removing regulatory barriers to investment at national and European level. Policies in this direction will continue and build on over the period 2021-2027 through the InvestEU program, which aims to continue to support increased investment, innovation and job creation in Europe. The process of implementation of each such initiative directly affects the individual legal and natural persons as investors who enter different bond relations, which have both national and international dimension. The development of new investment products and instruments would be unthinkable without the Bank’s involvement as a major creditor in the implementation of investment projects. This fact shows that it is necessary to examine the legal guarantees for the protection of creditors in these relationships in case of possible threat the debtor to damage the creditor in case of unfavourable development of the respective investment initiative. This paper will justify the significance and the peculiarities of Paul’s claim as a means of protecting creditors in the context of a developing EU investment environment and its legal framework. This method of preventing the decline of the asset and / or the increase of the liability of the debtor’s property is characterized by extreme persistence over time as a legal institution that originated in the Roman era and has survived to the present without losing its significance.