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Journal articles on the topic 'Tort liability'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Putra, Gratianus Prikasetya. "KAJIAN ATAS PERTANGGUNGJAWABAN PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH HEWAN BERDASARKAN HUKUM INDONESIA DAN HUKUM JERMAN." Problematika Hukum 2, no. 1 (2019): 7. http://dx.doi.org/10.33021/ph.v2i1.558.

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There are 2 (two) forms of liabilities which acknowledged by Civil Law, the first one is contractual based liability and the second one is tort based liability. If there is a liabilty that based on an event which fulfill the elements that known in tort theory, so the tort based liability will be used. Today, there are some variations and development in cases that intersects with the theory and regulation regarding tort. One of the case which related to that theory and regulation was the tort that has been done by an animal in Germany. According to the case it can be seen the possibilitiy of to

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2

Elvin, Jesse. "State Liability: Tort Liability and Beyond." Modern Law Review 68, no. 4 (2005): 701–4. http://dx.doi.org/10.1111/j.1468-2230.2005.557_3.x.

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3

Wang, Qiang. "In a Cage of Law: Liability Imputation System in the Tort Law on Kept Animals A ChineseGerman Comparative Study." European Review of Private Law 27, Issue 3 (2019): 617–45. http://dx.doi.org/10.54648/erpl2019030.

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The imputation of liability for damages caused by kept animals found in China’s Tort Law is a unique, synthetic, and multidimensional dual system. On the one hand, hazard-based liability is the dominant factor, and on the other is fault-based liability the auxiliary factor. The Tort Law on kept animals is oriented towards the types of liability for damages caused by kept animals, rather than towards categories of animal types, and it categorizes liability degrees under both normal and special circumstances. While underlining the merits achieved by this liability imputation system in terms of i

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4

Wu, Ruidan. "Theoretical Basis and Legal Analysis of Proportionate Joint Liability of Security False representation Disputes." BCP Business & Management 39 (February 22, 2023): 141–46. http://dx.doi.org/10.54691/bcpbm.v39i.4054.

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The way that securities service institutions assume tort liability in securities false representation disputes is limited to joint liability by law. Considering the discretion principle of punishment according quantity of securities service institutions, proportionate joint liability appears in judicial practice. The proportionate joint liability, different from the proportionate liability regulated by other countries in comparative field of vision, is still joint liability in nature, which in China is mainly specified in the field of environmental tort disputes. It is especially expressed as

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5

Frantsuz-Yakovets, T. A. "BRINGING OF PUBLIC ENTITIES TO TORT LIABILITY REGARDLESSFAULT: CONCEPT AND GENERAL THEORETICALCHARACTERISTICS." Legal Bulletin 114, no. 7 (2023): 73–78. http://dx.doi.org/10.31732/2708-33x-2023-07-73-78.

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The article is focused on such feature of tort liability of public entities as the possibility of itsoccurrence, regardless fault. A history of the establishment of the institution of tort liability, regardless fault, is brieflyreviewed. The attempt to analyze the main scientific views on the issue of the possibility of tort liability occurrence,regardless fault, in general and the occurrence of liability of such type for public entities, in particular, are made

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6

Mendelsohn, Robert I. "Tort Liability: Management Lessons." Public Administration Review 46, no. 4 (1986): 374. http://dx.doi.org/10.2307/976323.

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7

KARNAUKH, B. P. "Market share tort liability." ECONOMIC THEORY AND LAW 42, no. 3 (2020): 49–63. http://dx.doi.org/10.31359/2411-5584-2020-42-3-49.

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8

최경진. "Tort Liability of Referee." Journal of Sports and Entertainment Law 14, no. 3 (2011): 37–52. http://dx.doi.org/10.19051/kasel.2011.14.3.37.

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9

Schwartz, Alan. "Responsibility and Tort Liability." Ethics 97, no. 1 (1986): 270–77. http://dx.doi.org/10.1086/292832.

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10

DeMartini, Anne L. "Coaches' Surprising Tort Liability." Journal of Physical Education, Recreation & Dance 88, no. 9 (2017): 57–59. http://dx.doi.org/10.1080/07303084.2017.1369298.

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11

Tang, Peng. "Research on the Determination of Tort Liability for Human Damage Caused by Surgical Robots." International Journal of Social Sciences and Public Administration 4, no. 2 (2024): 8–15. http://dx.doi.org/10.62051/ijsspa.v4n2.02.

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Human beings are constantly pursuing the value of their lives, thus doing constant exploration of the field of biotechnology. Surgical robots are an inevitable product of the development of science and technology to a certain stage, and have been widely used in many fields such as medical surgery and diagnosis. While liberating doctors' hands, it also poses a brand new challenge to the legal system. Along with the surgical robots are widely used in the field of medical treatment, and its related infringement incidents gradually increased, which exposes the traditional tort theory deficiencies,

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12

Seong-Soo, Kim. "Equitable Liability in China's Tort Liability Act." Kyung Hee Law Journal 50, no. 3 (2015): 223–57. http://dx.doi.org/10.15539/khlj.50.3.8.

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13

Feldman, Heidi Li. "From Liability Shields to Democratic Theory: What We Need from Tort Theory Now." Journal of Tort Law 14, no. 2 (2021): 373–401. http://dx.doi.org/10.1515/jtl-2021-0034.

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Abstract In the United States, one startling response to COVID-19 has been a push for so-called “liability shields,” laws modifying tort doctrine so as to largely eliminate tort liability for negligently causing COVID-19. Though not enacted at the federal level, such changes have been adopted in numerous states. This article excavates and articulates the tort theory that lies behind this puzzlingly response to a pandemic. I call the theory “tort deflationism.” Grounded in modern American conservatism and with a doctrinal pedigree dating back to the 1970s, tort deflationism explains and justifi

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14

Mascaro, Marisa L. "Preconception Tort Liability: Recognizing a Strict Liability Cause of Action for DES Grandchildren." American Journal of Law & Medicine 17, no. 4 (1991): 435–55. http://dx.doi.org/10.1017/s0098858800006560.

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AbstractOver the past decade more than 1,000 "DES daughters" have filed lawsuits against the manufacturers of DES, alleging that their in utero exposure to the drug caused various reproductive tract abnormalities, including cancer. Plaintiffs now allege that their grandmothers' use of DES during pregnancy caused genetic damage leading to cancer in third generations. This Note addresses the validity of preconception tort liability in the context of third-generation DES cases. Plaintiffs in preconception tort liability cases have sought recovery under both negligence and strict liability causes

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15

Koh, Ho Sung. "Strike and Tort Liability - From Justness Immunity Theory to Tort Liability Grounds Theory -." KANGWON LAW REVIEW 70 (February 28, 2023): 163–226. http://dx.doi.org/10.18215/kwlr.2023.70..163.

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16

Kaiserman, Alex. "PARTIAL LIABILITY." Legal Theory 23, no. 1 (2017): 1–26. http://dx.doi.org/10.1017/s1352325217000040.

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AbstractIn most cases, liability in tort law isall-or-nothing—a defendant is either fully liable or not at all liable for a claimant's loss. By contrast, this paper defends a causal theory ofpartialliability. I argue that a defendant should be held liable for a claimant's loss only to the degree to which the defendant's wrongdoing contributed to the causing of the loss. I ground this principle in a conception of tort law as a system of corrective justice and use it to critically evaluate different mechanisms for “limiting” liability for consequences of wrongdoing and for “apportioning” liabili

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17

Bujalski, Maciej. "Principle of Cumulative Concurrence of Tort and Contractual Liability in Polish Law." osteuropa recht 69, no. 1 (2023): 28–44. http://dx.doi.org/10.5771/0030-6444-2023-1-28.

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This article is dedicated to the relationship between tort and contractual liability in Polish law whereby if a breach of contract constitutes a tort at the same time, the victim-creditor may claim payment of damages under either of the two regimes. However, due to the principle of cumulative concurrence of tort and contractual liability, the damage be compensated only once. This article analyses the requirements for the application and exclusion of this so-called cumul principle, concentrating in particular on exclusion by contract and by mandatory law. The consequences of the permissibility

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18

Otradnova, O. "DEVELOPMENT OF THE TORT LAW SCHOOL IN ST. VOLODYMYR UNIVERSITY – TARAS SHEVCHENKO NATIONAL UNIVERSITY OF KYIV." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 80–85. http://dx.doi.org/10.17721/1728-2195/2021/3.118-15.

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The paper deals with a research of Tort law school development in St. Volodymyr's University – Taras Shevchenko National University of Kyiv. The purpose of the research is to analyse the development of the Tort law school and to study the main trends and key directions of the development. The author applied lots of different research methods, among which were historical and legal method (for the analysis of the works from the past), analysis and synthesis (for stating the peculiarities of the research approaches in different studies' periods). Also, such methods as philosophy methods (dialecti

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19

Zhai, Tiantian. "Double-Faceted Environmental Civil Liability and the Separate-Regulatory Paradigm: An Inspiration for China." Sustainability 14, no. 7 (2022): 4369. http://dx.doi.org/10.3390/su14074369.

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The recognition of the intrinsic value of the environment and natural resources contributed to the establishment of liability for damage to the environment per se, which, coupled with the traditional environmental tort liability, constitute the double facets of environmental civil liability. Although the two facets share some common characteristics, their distinct focuses indicate that they cannot be fully covered by tort law or environmental law systems alone. As a result, an international trend toward the regulatory approach to environmental civil liability, which is referred to in this arti

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20

Lahe, Janno. "The Concept of Fault of the Tortfeasor in Estonian Tort Law: A Comparative Perspective." Review of Central and East European Law 38, no. 2 (2013): 141–70. http://dx.doi.org/10.1163/092598812x13274154887420.

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The fault of the wrongdoer is one of the preconditions for general tort liability. Nowadays, fault-based liability and strict liability are two equally important forms of liability that are not polar opposites but, rather, complement one another. This article focuses on the meaning of the fault of a tortfeasor. It considers the notion of fault in two European model rules (the Draft Common Frame of Reference and the Principles of European Tort Law), in the Estonian Law of Obligations Act, and also makes reference to German, French, English, and Russian tort law. We shall begin with a comparativ

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21

Letuta, T. V. "Material and Tort Liability: Problems of Correlation between the Norms of Civil and Labour." Courier of Kutafin Moscow State Law University (MSAL)), no. 2 (May 21, 2024): 121–29. http://dx.doi.org/10.17803/2311-5998.2024.114.2.121-129.

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The author notes the inconsistency of the current institution of material liability with the basic provisions of civil legislation on tort liability. Financial liability by its characteristics is a kind of tort liability. The presence in the labor legislation of a mention of bringing participants in labor relations to civil liability creates conditions for full compensation for harm, including lost profits according to the norms of the Civil Code of the Russian Federation, after receiving compensation under the rules of limited or full liability. With such legal regulation, taking into account

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22

Lahe, Janno. "German Transplants in Estonian Tort Law: General Duties to Maintain Safety." Juridica International 30 (October 13, 2021): 132–39. http://dx.doi.org/10.12697/ji.2021.30.15.

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The jurisprudence and case-law approach of German tort law – and, more broadly, German-school legal thinking in general – has found its way into Estonian case law on torts and into Estonia’s scholarly texts on jurisprudence. From among the catalogue of transplants from German tort law that have reached Estonian law or legal practice, the paper focuses on one whose importance cannot be overestimated: the concept of tort liability based on breach of the general duty to maintain safety. This domain has witnessed remarkable change since the beginning of the 2000s, when an analogous concept of liab

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23

Lee, Maria. "Tort, regulation and environmental liability." Legal Studies 22, no. 1 (2002): 33–52. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00578.x.

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This paper considers certain proposals made by the European Commission on environmental liability, particularly in its White Paper on Environmental Liability. Civil liability has made a relatively minor contribution to environmental policy in recent decades, given its many well-known shortcomings when applied to environmental problems. Its usefulness, however, is being reassessed, given something of a consensus that traditional forms of regulation are reaching the limits of their effectiveness and that new approaches to environmental law are necessary. This paper will consider how the White Pa

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24

Magnus, Ulrich. "European Perspectives of Tort Liability." European Review of Private Law 3, Issue 3 (1995): 427–44. http://dx.doi.org/10.54648/erpl1995031.

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Abstract. The law of tort serves two main functions: compensation of damage and prevention of damage. During the period of industrialisation in the nineteenth century the law aimed to secure the greatest possible freedom of action for economic operators and required proof of fault. Modern laws recognise the dangers inherent in many economic activities and have increasingly objectivised the notion of fault. In addition, the special risks that attach to certain forms of activity have led to strict liability for harm arising from such activity. Czech law takes a modem approach, and indeed include

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25

Devlin, Kai. "Rights, Necessity, and Tort Liability." Journal of Social Philosophy 28, no. 2 (1997): 87–100. http://dx.doi.org/10.1111/j.1467-9833.1997.tb00378.x.

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26

Hocking, Barbara Ann. "Tort liability for psychiatric damage." Psychiatry, Psychology and Law 1, no. 1 (1994): 59–63. http://dx.doi.org/10.1080/13218719409524829.

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27

Strauch, A. Bruce. "The Tort Liability of Publishers." Acquisitions Librarian 13, no. 26 (2001): 155–72. http://dx.doi.org/10.1300/j101v13n26_10.

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28

Gittings, Gary L. "Tort Liability and Risk Management." Journal of Transportation Engineering 113, no. 1 (1987): 27–41. http://dx.doi.org/10.1061/(asce)0733-947x(1987)113:1(27).

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29

Sinicyn, Sergey. "Tort Liability in Corporate Law." Journal of Russian Law 7, no. 10 (2020): 1. http://dx.doi.org/10.12737/jrl.2019.10.5.

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30

Wagner, Gerhard. "Tort Law and Liability Insurance." Geneva Papers on Risk and Insurance - Issues and Practice 31, no. 2 (2006): 277–92. http://dx.doi.org/10.1057/palgrave.gpp.2510074.

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31

Witting, Christian. "Review: Tort Liability under Uncertainty." International Journal of Evidence & Proof 6, no. 3 (2002): 194–96. http://dx.doi.org/10.1177/136571270200600306.

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32

Fairgrieve, Duncan, and Mads Andenas. "Tort Liability for Educational Malpractice." King's Law Journal 10, no. 2 (1999): 229–37. http://dx.doi.org/10.1080/09615768.1999.11423586.

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33

Quinn, Michael Sean, and Nicole Chaput. "Tort liability and reinsurance contracts." Environmental Claims Journal 8, no. 1 (1995): 67–111. http://dx.doi.org/10.1080/10406029509379241.

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34

Triller, Katja, and Mary-Anne Bobinski. "Tort liability of xenotransplantation centers." Xenotransplantation 11, no. 4 (2004): 310–14. http://dx.doi.org/10.1111/j.1399-3089.2004.00147.x.

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35

MANASRA, Majd Waleed, Said Al MAMARI, Ashraf GHARIBEH, Muhammad NAJM, Anan Shawqi YOUNES, and Ahmad Hussein ALSHARQAWI. "Tort Liability for Environmental Pollution." Journal of Environmental Management and Tourism 13, no. 5 (2022): 1294. http://dx.doi.org/10.14505/jemt.v13.5(61).07.

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This research is concerned with stating the legal provisions set for tort liability of environmental Pollution as stated by the Environmental Protection Law No. 6 of 2017 and its amendments. In fact, and at the beginning, the research approached the definitions of each of the terms of environmental Pollution, types, and sources of ecological Pollution according to the methodology of the Jordanian legislators. Further, the Environmental Protection Law No. 6 of 2017 and its amendments and Jordanian Civil Law No. (43) Of 1976 were analyses, after which the elements on which the tort liability is

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36

Luchkin, Ph V. "Grounds of State Tort Liability." Herald of Economic Justice 18, no. 2 (2023): 158–99. http://dx.doi.org/10.37239/2500-2643-2022-18-2-158-199.

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37

Semkow, Brian W. "Social insurance and tort liability." International Review of Law and Economics 5, no. 2 (1985): 153–71. http://dx.doi.org/10.1016/0144-8188(85)90003-1.

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38

Lim, Daesung. "Artificial intelligence robot's tort liability." YONSEI LAW JOURNAL 40 (November 30, 2022): 251–75. http://dx.doi.org/10.33606/yla.40.9.

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39

Bu, Yuanshi. "Evolution of Chinese Tort Law in the Post-Codification Era: A Comparative Study Based on Children’s Tort Liability." Zeitschrift für Chinesisches Recht 32, no. 2 (2025): 99–118. https://doi.org/10.71163/zchinr.2025.99-118.

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The Chinese Civil Code that was promulgated in 2020 has basically incorporated the pre-existing tort law without significant amendments. This raises the question as to how deficiencies identified in the past will be remedied and how tort law will further evolve. This paper tries to offer answers by examining children’s tort liability, which is the focus of the first judicial interpretation on torts issued in September 2024. The analysis produces two primary findings. First, the Chinese regime of children’s tort liability is characterized by a unity of liability in respect of a minor and his or

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40

Fedtke, Jörg. "The Reform of German Tort Law." European Review of Private Law 11, Issue 4 (2003): 485–508. http://dx.doi.org/10.54648/erpl2003031.

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Abstract: After a few futile attempts at reforming German law relating to compensation for tortious acts and breach of contract, a bill enacted on April 18, 2000 brought about some major changes. Amongst the key areas of reform are: the introduction of a general claim for non-pecuniary loss in cases of personal injury; the partial exclusion of value-added tax (VAT) in the calculation of material damages; an improvement of the position of children participating in public traffic; a “levelling” of the defences available to train operators as well as keepers of motorised vehicles under strict lia

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41

Childers, Rachel G. "Tort reform: do details matter?" Health Economics, Policy and Law 16, no. 3 (2021): 308–24. http://dx.doi.org/10.1017/s1744133121000025.

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AbstractOne explanation for increases in health care costs has been malpractice lawsuits. States have introduced several types of tort reforms to control increases in health care costs. This paper adds to the literature by examining how the differences in joint and several liability (JSL) reforms affect the state-specific growth rate in health care expenditures. Additionally, the paper addresses the potential for a fundamental difference between states that pass different types of liability reforms. The results show that JSL reforms that limit joint liability based on percentage of blame have

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42

Shepel, Tamara V. "CORRELATION OF CONTRACTUAL AND TORTIOUS LIABILITY OF A HEALTH-CARE ORGANISATION TO A PATIENT." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 38 (2020): 153–62. http://dx.doi.org/10.17223/22253513/38/15.

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The Civil Code of the Russian Federation and legislation in the sphere of health care do not contain norms about the civil liability of a medical organisation to a patient. The issues of the correlation between these types of liability remain under-researched in the literature. There is no uniformity in judicial practice in resolving disputes in this area. The analysis of the literature and practice allows us to identify the distinctive features of contractual and tort liability of medical organisations. They include the imperative nature of norms on tort liability and dispositive nature of no

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43

Giles, Marianne, and Erika Szyszczak. "Negligence and defective buildings: demolishing the foundations of Anns?" Legal Studies 11, no. 1 (1991): 85–102. http://dx.doi.org/10.1111/j.1748-121x.1991.tb00624.x.

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It was generally accepted that the House of Lords in Anns v Merton LBC introduced an ‘entirely new type of product liability’ into the law of tort by expanding liability in negligence in relation to the construction of defective buildings. The novelty of the action was to introduce liability in tort for the construction of the defective product itself and to allow a claim for economic loss resulting from the defect. The consequence was to blur some of the traditional boundaries between contract and tort claims and to cause controversy in relation to the nature of the allowable loss recoverable

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44

Meier, Luke. "Achieving True Strict Product Liability (But Not For Plaintiffs With Fault)." University of Michigan Journal of Law Reform, no. 57.2 (2024): 301. http://dx.doi.org/10.36646/mjlr.57.2.achieving.

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Under modern tort law, the “strict” product liability cause of action does not impose true strict liability (liability without fault). This Article suggests that this counterintuitive development is not the byproduct of a policy choice. Instead, an unresolved doctrinal difficulty is responsible for the modern requirement that a plaintiff prove fault before winning on a “strict” product liability claim. The doctrinal difficulty is this: How can tort law impose liability on faultless product manufacturers while simultaneously preventing plaintiffs with fault from being able to recover under a tr

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45

Pantaleón Díaz, Marta. "Children’s Liability in Negligence." Journal of European Tort Law 9, no. 1 (2018): 25–53. http://dx.doi.org/10.1515/jetl-2018-0101.

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AbstractThis article enquires as to the principles that should govern children’s liability in the tort of negligence in England and Wales and its functional equivalents in other European legal systems. Infants are currently exempted from liability in negligence in virtually every European jurisdiction. In most of them, this result is achieved by making basic moral responsibility a requirement for liability under this tort, while in others it is brought about by tailoring to the defendant’s age the standard against which her conduct is measured. I argue that, whereas neither of these approaches

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46

Yin, Yilin. "The Economic Efficiency of Vicarious Liability in Employment Relationships." Lecture Notes in Education Psychology and Public Media 26, no. 1 (2023): 116–20. http://dx.doi.org/10.54254/2753-7048/26/20230864.

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A tort that occurs because an employee is not qualified for a certain job but to operate that job and leads to damage. Many people may be confused in this case which party shall bear the tort liability caused by this infringement, the employer or the employee, and how vicarious liability has been applied. This paper introduces vicarious liability and vicarious liability in employment relationships. Under no matter civil law system or common law system, there is the same content of vicarious liability. This paper only focuses on the basis of vicarious liability which will not cause a fallacy be

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47

Luo, Shiqi, and Zhouhao Sun. "Research on stray animal tort liability." Journal of Education, Humanities and Social Sciences 25 (January 26, 2024): 8–12. http://dx.doi.org/10.54097/6e56mx83.

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With the increase of the total number of pets, abandoned pets have become more and more common, and gradually exposed the existing problems of stray animals in our country. This paper will discuss the concept of stray animal tort liability, the current situation of stray animals, the reference of excellent systems outside the region and the measures to improve stray animal tort liability in the four aspects of our country's stray animal tort liability, and explore a reasonable and scientific governance system combined with our country's actual situation, so as to truly protect the legitimate r

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48

Sakhno, Y. V. "Problems of correspondence between contractual and tort liability in the Civil law of Ukraine." Uzhhorod National University Herald. Series: Law 1, no. 82 (2024): 318–22. http://dx.doi.org/10.24144/2307-3322.2024.82.1.50.

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The article explores the regulation of civil legal relations between parties arising from the breach of contract terms and the infliction of harm in Ukraine, specifically analyzing the correspondence between the grounds for the emergence of such legal relations. Although the topic of the relationship between contractual and tort liability has been addressed by scholars repeatedly, there is still no consensus on resolving this issue in Ukrainian legal doctrine. The doctrine contains many contradictions and gaps, negatively impacting the level of legal science, which is reflected in the quality

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49

Yao, Wen. "Exploring General Personal Tort Issues Between Spouses in China A Perspective on Motor Vehicle Traffic Accidents." Lecture Notes in Education Psychology and Public Media 19, no. 1 (2023): 252–62. http://dx.doi.org/10.54254/2753-7048/19/20231449.

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With the increasing awareness of individual rights and independence, there is a growing popularity in the concept of citizens personal independence. Consequently, general personal tort disputes between spouses are on the rise, with motor vehicle traffic accidents serving as a typical example. This article explores the general personal tort liability between husbands and wives in China from this perspective. Using the fundamental logic of "problem identification, analysis, and solution finding," it compiles general personal tort cases between spouses in motor vehicle traffic accidents from rece

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50

Ismail, Nurbazla, and Abdul Basir Mohamad. "LIABILITI BAGI PENIPUAN TORT DALAM FORENSIK." Jurnal Syariah 29, no. 1 (2021): 155–74. http://dx.doi.org/10.22452/js.vol29no1.7.

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Deceit is one branch of the offense under tort law. Deceit can be said to be a fraud act committed by someone who caused the other party to suffer loss or injury. The party suffering a loss or an injury can bring a claim in court on the basis of the tort law. Besides, the claimant must proof several important things before the court can decide the liability. This proof or evidence requires scientific verification by forensic experts. The testimony of the forensic expert can be used to convict deception and also can be used to dismiss the case in court. However, some forensic evidence is wrongl

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