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Journal articles on the topic 'Tortious liability'
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1
Zubitashvili, Nona. "Interrelation between tort liability and strict liability in cases of compensation for damages resulting from economic crime." Journal of Contemporary Law 2, no. 2 (November 10, 2023): 40–45. http://dx.doi.org/10.31578/jcl.v2i2.25.
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The relevance of the issue of the relationship between the doctrine of tort liability andstrict liability is caused by the decisions of the Supreme Court of Georgia in 2015 on two identicalcriminal cases of tax evasion, whereby the strict liability of the partner was used as the legal basis forcompensation of property damage, instead of tortious liability. This article discusses the principles ofvicarious liability and tortious liability in determining property liability resulting from economic crime.
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Hopkins, C. A. "Tortious Liability for Suicide." Cambridge Law Journal 49, no. 3 (November 1990): 392–94. http://dx.doi.org/10.1017/s0008197300122196.
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Terec-Vlad, Loredana. "Tortious Liability vs Contractual Liability. Comparative View." Journal for Ethics in Social Studies 5, no. 1 (September 2, 2022): 45–49. http://dx.doi.org/10.18662/jess/5.1/41.
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To speak of responsibility and accountability in human actions is to bring together two disciplines: philosophy and law. The society we live in is based on knowledge, one in which human values have transformed, relativism being an element that outlines certain justifications of the individual for their actions. The same is not the case in law, where everyone is accountable and responsible for their actions. In this paper we will bring to the forefront the tortious liability vs. contractual liability.
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Stankovic, Marko. "Tortious liability of legal entities." Pravo - teorija i praksa 32, no. 10-12 (2015): 35–47. http://dx.doi.org/10.5937/ptp1512035s.
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Grantham, Ross. "Company Directors and Tortious Liability." Cambridge Law Journal 56, no. 2 (July 1997): 259–62. http://dx.doi.org/10.1017/s0008197300081265.
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YOUNGS, RAYMOND. "Tortious Liability for Released Detainees." Howard Journal of Criminal Justice 50, no. 1 (January 5, 2011): 52–61. http://dx.doi.org/10.1111/j.1468-2311.2010.00627.x.
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Widło, Jacek. "Tortious Liability for Using Artificial Intelligence." Teka Komisji Prawniczej PAN Oddział w Lublinie 17, no. 2 (December 23, 2024): 529–45. https://doi.org/10.32084/tkp.9020.
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This article discusses the principles of and premises for liability for damage caused by AI systems. It applies to liability models based on the principles of risk and guilt. It indicates that different groups of entities, e.g. programmers, may be responsible for the creation of AI under the principle of guilt, while producers and merchants may put it into circulation under the principle of risk. The liability of AI system users should be tempered and based on the principle of guilt. This article includes a critical view of the AI Act and the relevant directives. It points out that effective liability for damage should be related to the level of harm caused (harm to a person, human death) and not dependent on whether it was inflicted by a high-risk system or any other AI system.
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Nemțoi, Gabriela, and Ciprian Gabriel Ungureanu. "Tortious Civil Liability in Environmental Law." European Journal of Law and Public Administration 8, no. 2 (December 20, 2021): 26–34. http://dx.doi.org/10.18662/eljpa/8.2/157.
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Tort liability consists in the obligation of the one who has committed an injury to indemnify the injured party. Tort liability is a legal operation which, according to the Civil Code, when an unlawful act causing damage is committed, the reverse means compensating the injured party. In the case of the environment, the one who harms is not always sanctioned, so in the case of this issue the legislator has developed a rather broad legislative framework. The common law has become applicable in the field of the environment based on the provisions of art. 135 para. (2) lit. e) of the Constitution, which stipulates that , which stipulates that , which stipulates that, the environment is an area that must have a legal protection so that the state maintains a permanent ecological balance. Rehabilitation of the environment is done by applying sanctions to those concerned. So the institution of tort liability is an instrument in the gear of environmental protection.
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Abdullah, Azrol, and Nazura Abdul Manap. "THE MALAYSIAN PERSPECTIVE ON IMPOSING CIVIL LIABILITIES IN ROAD ACCIDENTS INVOLVING AUTONOMOUS VEHICLE." UUM Journal of Legal Studies 12, Number 2 (July 5, 2021): 203–28. http://dx.doi.org/10.32890/uumjls2021.12.2.9.
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The advancement of artificial intelligence (AI) technology has become the fundamental catalyst in the research and development of autonomous vehicle (AV). AVs equipped with AI are expected to perform better than humans and forecasted to reduce the number of road accidents. AV will improve humans’ quality of life, such as creating more mobility for the elderly and disabled, increasing productivity, and creating an environmentally friendly system. Despite AV’s promising abilities, reports indicate that AV can go phut, causing road fatalities to the AV user and other road users. The autonomous nature of AV exacerbates the difficulty in determining who is at fault. This article aims to examine the ability of the existing legal framework to identify the person at fault so as to determine the tortious liability in road accidents involving AV. This article demonstrated that the existing legal scheme is insufficient to determine tortious liability in road accidents involving AV. This article explored the possibility of shouldering the liability on the manufacturer, the user, and even on the AV itself. This article also investigated alternative approaches that could be adopted to resolve issues on the distribution of tortious liability in road accidents involving AV. The outcome of this article could contribute to issues relating to the liability of AI.
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Kershner, Susan Maidment. "Children v. Parents: A New Tort Duty-Situation for Psychiatric Injury?" Israel Law Review 35, no. 1 (2001): 79–117. http://dx.doi.org/10.1017/s0021223700012097.
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SummaryRecognition of liability in negligence for personal injury, whether physical or psychiatric, is a question of public policy par excellence. In English tort law, public policy is a transparent judicial requirement in fixing liability even when negligence is established otherwise. In considering the tortious liability of a local authority to children in its care, the English House of Lords has, in obiter dicta, raised doubts as a matter of public policy concerning the enforceability of claims for damages by children against a parent for emotional neglect causing psychiatric injury. In Israel, by contrast, the Supreme Court recently extended tortious liability by enforcing the parental duty of care to children through a claim for psychiatric injury. So far Israeli law is unique in this development. Variations in judicial policy concerning the recognition of claims by children for psychiatric injury are considered here, in the contexts of English tort law, and Israeli, US and European human rights law.
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Abimbola Olalere, Fasilat. "Expanding Scope of English Law On Vicarious Liability And The Inevitability Of Conceptual Uncertainty." Kampala International University law journal 5, no. 1 (May 12, 2023): 158–73. http://dx.doi.org/10.59568/kiulj-2023-5-1-09.
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Vicarious liability is an English law principle that is rooted in antiquity. It entails the transfer the liability of a persons’ negligent or tortious action to another person as a result of the relation relationship existing between both parties. Traditionally, vicarious liability has usually been applied in instances where employee/employer relationship exists between the tortfeasor and the third party and when the tortious act occurred ‘in the course of employment’. Through a case law analysis, this paper examined how vicarious liability principle has transitioned beyond its traditional conception over the ages. For instance, the Wilson and Clyde Case infused the non-delegable duties dimension of vicarious liability. The paper adopts the doctrinal methodology through examination of primary sources such as case laws and secondary sources such as opinion of authors and other scholarly works on the topic. Different jurisprudence has been reflected in the interpretation of the vicarious liability principle in different cases. The study submits that the implication of the inconsistencies in the interpretation of the principle is the uncertainty which has been created as to the true state of the law on the subject.
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Caritj, Paul. "Tortious Interference with the Expectancy of Entitlement Benefits." University of Michigan Journal of Law Reform, no. 45.2 (2012): 455. http://dx.doi.org/10.36646/mjlr.45.2.tortious.
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This Note proposes a new tort to address employers' and their agents' increasing abuse of the Unemployment Insurance appeals process, which interferes with employees' expectancy of entitlement benefits. Though existing state Unemployment Compensation statutes sanction both unemployed workers claiming benefits and employers for making fraudulent statements, these provisions approach the issue of fraud too narrowly to combat this growing problem. Meanwhile, no existing remedy properly compensates victims of this sort of abuse, adequately deters abusive behavior by scaling the penalty to the harm, and is accessible to economically disadvantaged plaintiffs. As well as providing an analysis of the specific problem of abuse of the appeals process in the Unemployment Compensation arena, this Note also aspires to provide the framework for a compelling legal argument that such abuse should trigger tort liability in the hopes of easing the work of any public interest attorney interested in bringing such a suit. Although this Note focuses on Unemployment Insurance claims, the principles discussed are generally applicable to a variety of other entitlement benefit claims. Part I identifies the employer behavior that presents the need for a remedy in tort. Part II articulates the criteria for an adequate remedy. Part III examines potential legal remedies to the problem of abusive appeals by employers during the claim and appeals process and finds them inadequate to protect the pressing economic interests of claimants and society. Part IV proposes the recognition of a new tort to fill this gap, and details both the grounds for liability and the computation of damages flowing from this form of liability.
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Mulligan, Andrea. "A vindicatory approach to tortious liability for mistakes in assisted human reproduction." Legal Studies 40, no. 1 (October 14, 2019): 55–76. http://dx.doi.org/10.1017/lst.2019.19.
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AbstractMistakes in assisted human reproduction procedures such as IVF, egg, sperm and embryo donation are surprisingly common, but tortious liability for such mistakes has not been addressed in the courts of England and Wales, or Ireland. This paper presents an argument in favour of a vindicatory approach to tortious claims arising from mistakes, where the claimants are the parents of the resulting, healthy, child. Drawing on the analogous tort of wrongful pregnancy, the paper provides a vindicatory account of the case of Rees v Darlington Memorial Hospital, and argues that Rees signposts the correct approach for tortious claims arising from mistakes in assisted human reproduction. It is argued that while the law should not compensate ‘loss’ flowing from the birth of a child, parents should be entitled to an award of damages to vindicate their right to reproductive autonomy. The paper explores vindication of the right to reproductive autonomy through the tort of negligence, but argues that vindication may be more effectively achieved through the creation of a separate tort which is actionable per se, strict liability, and expressly focused on vindication rather than compensation.
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Olalekan, Omoola Sodiq. "AUTONOMOUS VEHICLES AND TORTIOUS LIABILITY: AN ISLAMIC PERSPECTIVE." Jurnal Syariah 26, no. 1 (May 22, 2018): 99–122. http://dx.doi.org/10.22452/js.vol26no1.5.
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Grantham, Ross, and Charles Rickett. "Directors' 'Tortious' Liability: Contract, Tort or Company Law?" Modern Law Review 62, no. 1 (January 1999): 133–39. http://dx.doi.org/10.1111/1468-2230.00196.
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Bobysheva, Margarita A. "Tort Civil Liability of Medical Workers for Causing Harm to the Health of Mother and Child." Bulletin of Chelyabinsk State University Series Law 9, no. 1 (June 6, 2024): 70–75. http://dx.doi.org/10.47475/2618-8236-2024-9-1-70-75.
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The article examines the tortious civil liability of medical workers for causing harm to the health of the mother and child. The study of theoretical and practical aspects made it possible to identify the problems of guilt and causation as mandatory conditions for the responsibility of medical workers. The author proposed the concept of civil liability of medical workers for causing harm to the health of the mother and child and specifi ed the features of the conditions of the liability under consideration.
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Murphy, John. "Rethinking tortious immunity for judicial acts." Legal Studies 33, no. 3 (September 2013): 455–77. http://dx.doi.org/10.1111/j.1748-121x.2012.00256.x.
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This paper considers the immunity in tort enjoyed by superior court judges in England and Wales. It suggests, first, that the current level of immunity is set too high; secondly, that the reasons traditionally given for this level of immunity are overwhelmingly unconvincing and that, therefore, thirdly, a lesser degree of immunity (which allows judges to be exposed to potential liability under a modified version of the tort of misfeasance in a public office) would be the preferable way to proceed.
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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 norms on contractual liability; contractual liability of a medical organisation to a patient is possible only if no harm to life or health is inflicted upon it - when such harm is inflicted, tort liability arises. The medical organisation's guilt or the patient's guilt in imposing contractual or non-contractual liability on a medical organisation is not the same. As a general rule, where there is a plurality of persons on the side of a medical organisation, joint and several liability arises in the event of non-contractual liability. The forms of contractual and non-contractual liability are different. It is generally accepted in the legal literature that liability for harm to a patient's health or life in the provision of paid medical services is in tort. However, due to the expanding scope of contractual regulation in medicine, the correctness of such provisions has come into ques-tion. It seems that the position on the priority of contractual liability of a medical institution has no legitimate basis (Art. 1084 of the Civil Code of the Russian Federation). In court prac-tice, regardless of the existence of a contract for the provision of paid medical services, in case of harm to the patient's health or life, the rules on torts are applied. The nature of increased liability for causing harm to a citizen's life or health stipulated by the contract is disputed in the literature. It appears that the contract for the provision of medical services may increase the amount of liability but may not change its nature, it remains a tort. As a rule, the issue of possible application of tort and contractual liability to a medical organisation at the same time is not specifically discussed in the literature. In court decisions holding a healthcare provider contractually liable, compensation for moral damage is referred to as a form of contractual liability along with compensation for damages and payment of a penalty. This approach blurs the distinction in terms of contractual liability of a medical organisation and tort liability in the form of compensation for moral harm. Contractual liability arises irrespective of fault (paragraph 3 of Article 401 of the Civil Code of the Russian Federation); compensation for moral harm is allowed, as a general rule, only in the presence of the fault of the person who caused the harm (paragraph 2 of Article 151 of the Civil Code of the Russian Federation). The terms of liability in such cases must be determined with due regard to the above rules.
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Teremetskyi, Vladyslav, and Yaroslav Zhuravel. "Concept of tortious legal relations and their main features." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 80–89. http://dx.doi.org/10.34079/2226-3047-2020-10-19-80-89.
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The article is focused on studying the concept, content and essence of the definition of “tortuous legal relations”. The scientific works in the researched sphere have been analyzed. The author has indicated that there are gaps in the interpretation of the term of “tortuous legal relations” in its classical meaning and the place of this type of public relations in the legal system of Ukraine. It has been proved that most of scientific works do not reveal the meaning of this term, but its certain features were only indirectly analyzed in one way or another. The relevance and necessity of formulating the author’s definition of the term of “tortious legal relations” have been substantiated. The author has offered to understand this definition as relations regulated by legal norms arising in connection with the commission of an offense (tort), establishment of the tort’s fact, the use of state coercion during the process of bringing the subject of the committed illegal act to one of the types of legal liability, restoration of violated rights and freedoms and compensation for damage. Considerable attention has been paid to the novelties of national legislation on amendments to some codified acts of substantive and procedural law; the author has provided comments on the suggested amendments. It has been noted that the legislative enshrinement of the term of “criminal offense”, as well as the division of criminal offenses into crimes and misdemeanors and the selected criteria for such division is the most controversial. The components of the term of “tortious legal relations”, namely: the terms “tort” and “legal relations” have been revealed. It has been stated that tortious legal relations arise at the time of tort’s commission and are part of the legal relations. The issue of classification of legal relations and their features has been studied. Characteristic features of tortious legal relations have been revealed. It has been concluded that tortious legal relations, which are the component of legal relations and have all their features arise during the commission of a tort by a subject of legal liability.
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Ali M. Alasmari, Mohammed. "Shariah Principles of Liability Arising from the Treatment Contract and the Physician’s Commitment to them." Journal of Neonatal Surgery 14, no. 3 (March 19, 2025): 242–45. https://doi.org/10.52783/jns.v14.2341.
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This study examines the Shariah principles governing physician liability within the framework of a treatment contract, analyzing the extent to which physicians adhere to these principles in Islamic jurisprudence and modern legal systems. The research focuses on the concept of medical liability and its legal foundations, distinguishing between contractual and tortious liability while discussing whether a physician’s obligation is to exert due care or guarantee a specific outcome. Furthermore, it explores civil and criminal liability from an Islamic perspective and reviews modern legal applications to assess their compatibility with Islamic jurisprudential principles. The study employs inductive and analytical methodologies, drawing on relevant jurisprudential and legal texts.
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Mihai, Gabriel. "Considerations regarding legal liability in the matter of insolvency." Ars Aequi 12 (April 13, 2023): 20–28. http://dx.doi.org/10.47577/10.1234/arsaequi.12.1.201.
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The insolvency procedure involves a special legal liability characterized by a combination of the general conditions of tortious civil liability and the special conditions provided by the Insolvency Law. Attracting legal liability is the expression of the principle of liability for the debts of the legal entity debtor, to which the members of the management, administration and supervision bodies of the legal entity are responsible, as well as any other persons who caused the insolvency of the debtor with regard to the facts expressly provided for and limited by law The exact determination of the liability and implicitly, the extent of the liability of the persons who caused the state of insolvency is carried out by the syndic judge on the basis of the administered evidence.
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Fedtke, Jörg. "The Reform of German Tort Law." European Review of Private Law 11, Issue 4 (August 1, 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 liability statutes; new rules relating to liabilty for pharmaceutical products; the raise of existing compensation caps (Haftungshöchstgrenzen) in the field of strict liability; and the introduction of liability of court-appointed experts who submit erroneous reports. Not only has the German legislator, by implementing this reform in August 2002, stayed abreast of changes in case law relating to compensation for tortious acts and breach of contract, but it has also fallen into line with general developments of the law in Europe, such as the improved protection of small children and the establishment of an express claim for non-pecuniary loss. However, the legal basis for a general right of personality has remained unchanged; in this context, a proposal by the Bundesrat to include such a right expressis verbis in the new § 847 BGB has not been adopted. The same holds true for the possibility of the principal to escape liability for his assistants, which is even more important against the background of other European jurisdictions. To lawyers with a common law background, who are accustomed to the gradual development of their case law, this history of German tort law offers an interesting perspective: it demonstrates the frictions involved in the interplay between legislative “maintainance” of an entire Code on the one hand, and development of the law by Courts on the other.
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Holyoak, Jon. "Raising the standard of care." Legal Studies 10, no. 2 (July 1990): 201–11. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00600.x.
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Mounting concern over the burgeoning growth and impact of the tort of negligence has, as is well known, led to a backlash in recent years. The higher courts have re-imposed more restrictive approaches to the question of the duty of care, culminating in the assertion that ‘close and direct proximity’ is the pre–condition for the imposition of a duty of care, by the Privy Council in Yuen Kun Yeu v A–G .f Hong Kong. However, this attention, focussed on what are generally cases peripheral to the mainstream of tortious liability, has diverted many commentators away from the issue of breach of duty, which lies at the heart of the great preponderance of tortious litigation
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Butler, Alan. "Products Liability and the Internet of (Insecure) Things: Should Manufacturers Be Liable for Damage Caused by Hacked Devices?" University of Michigan Journal of Law Reform, no. 50.4 (2017): 913. http://dx.doi.org/10.36646/mjlr.50.4.products.
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While the application of products liability to insecure software is a frequently-discussed concept in academic literature, many commentators have been skeptical of the viability of such claims for several reasons. First, the economic loss doctrine bars recovery for productivity loss, business disruption, and other common damages caused by software defects. Second, the application of design defects principles to software is difficult given the complexity of the devices and recent tort reform trends that have limited liability. Third, the intervening cause of damage from insecure software is typically a criminal or tortious act by a third party, so principles of causation might limit liability for manufacturers.
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Gavamukulya, Charles. "Appraising Contractors’ Tortious Liability Under the Tort of Negligence. Perspectives from Common Law and Civil Law Jurisdictions." European Journal of Applied Science, Engineering and Technology 3, no. 1 (February 13, 2025): 150–55. https://doi.org/10.59324/ejaset.2025.3(1).13.
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This article examines the tortious liability of contractors under the tort of negligence, comparing approaches in common law and civil law jurisdictions. It analyzes the key elements of negligence—duty of care, breach, and resulting damage—focusing on the contractor’s liability for negligent acts and negligent advice on construction projects. The study highlights how common law jurisdictions impose liability based on established legal precedents while civil law systems, exemplified by the French Civil Code, adopt a broader codified approach. The article also explores how contractors may still be held liable beyond contractual limitation periods and how liability can arise even in the absence of a formal duty of care in civil law jurisdictions. Understanding these differences is crucial for contractors and employers operating in multiple legal frameworks.
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Lahe, Janno, and Leonid Tolstov. "Limitation of Personal Tort Liability of a Member of the Management Board of a Company - Perspective of Estonia." European Business Law Review 24, Issue 2 (April 1, 2013): 243–59. http://dx.doi.org/10.54648/eulr2013012.
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According to the organic theory acts done by a member of the management board of a company are regarded as acts done by the company itself and usually the corporate veil protects the board members from the claims of third persons. As exception there is still possible a direct tortious liability of a board member to others, as it will be analysed in the article below. Authors are searching in the current work for a reasonable limit of the tort liability of a board member, from the Estonian perspective. The main bases of the tort liability, analysed in the article, are violation of a protective provision, intentional behaviour contrary to good morals and providing incorrect information.
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Fézer, Tamás. "Upside Down: Liability, Risk Allocation and Artificial Intelligence." Pro Publico Bono – Magyar Közigazgatás 12, no. 1 (June 28, 2024): 85–99. http://dx.doi.org/10.32575/ppb.2024.1.4.
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The dynamic evolution of artificial intelligence (AI) and machine learning (ML) tools poses challenges to the existing liability concepts. This paper aims to examine some of the fields of tortious liability that are most affected by these developments to analyse whether the existing legal standards in civil liability can still be used, with slight reinterpretation, when approaching liability scenarios related to AI and ML, and whether fine tuning of the existing liability regimes is needed, or novel liability scenarios should be established. To answer this question, the paper begins by examining the nature of the regulation of AI and ML: whether it should be a regulatory regime neutral to technology or whether, instead, a sector specific approach is essential. The study considers the already existing legal authorities of the EU and the U.S. as starting points for the analysis, and briefly examines the interpretations municipal courts apply when deciding in AI and ML related tort cases.
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Słup, Paweł. "Czy „Król może czynić źle”? Odpowiedzialność cywilna za wykonywanie władzy publicznej w prawie angielskim." Studia Iuridica 76 (January 17, 2019): 341–62. http://dx.doi.org/10.5604/01.3001.0012.8637.
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The principle of state liability has been widely recognised in 20th century and codified in certain jurisdictions. English law, however, has been traditionally reluctant to recognise the liability of Crown distinct from the of its servants. According to the long-standing principle of rule of law, servants of the Crown should be liable for torts committed in their official capacity just as individuals. The principle has been allegedly designed to protect the individuals from arbitrary decisions of public authorities, which fall in their actions under jurisdiction of common courts. It was not until the advance of Crown Proceedings Act 1974 when the Crown took material liability for torts committed by its servants. The nature of tortious liability of the public bodies, however, remained peculiar. The aim of this article is to indicate that the underlying concept of individual liability of servants, once designed to protect the individuals, now restricts the scope of civil liability of public bodies in English law.
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Cornford, Tom. "THE PUBLIC LAW DIMENSION OF PUBLIC AUTHORITY LIABILITY." Denning Law Journal 25, no. 1 (October 11, 2013): 129–58. http://dx.doi.org/10.5750/dlj.v25i1.623.
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In this paper I endorse the basic assumption that informed the Law Commission’s consultation paper on Administrative Redress of 2008, namely that the problem of administrative liability in English law can only be understood by examining both its tortious and its public law dimensions and that a satisfactory solution would involve a form of liability that straddled the public/private divide. In support of this view, I advance a rationale for a form of liability that involves reparation for harms resulting from acts unlawful as a matter of public law and argue that the form of liability that the rationale supports would inevitably impinge upon the territory currently occupied by the law of tort. I then proceed to criticise the views of scholars who have recently argued that a satisfactory law of public authority liability can be arrived at by the use of the concepts of orthodox tort law alone.
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Ayenakin, Olabanjo O., and Itunu Kolade-Faseyi. "A Critical Examination of the Constitutionality of the Immunity of Trade Unions Against Tortious Liability Under the Nigerian Law." Global Journal of Politics and Law Research 12, no. 4 (April 15, 2024): 1–13. http://dx.doi.org/10.37745/gjplr.2013/vol12n4113.
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It is common place for trade unions to embark on industrial actions, work to rule, picketing and other forms of protests during union agitations, thereby infringing on the rights of members of the public and co-employees which inevitably give rise to perceived tortious acts. The central aim of this research is to examine whether the prevailing legal provisions adequately safeguard trade unions from civil prosecutions and delineate the nature of tortious acts that can lead to liability under the Nigerian Trade Unions Act as well as appraise the constitutionality of any protection thereof. This paper uses the doctrinal legal research methodology to examine existing statutory provisions; research literatures, and case law; to mention just a few to review the divide between the legal regulations governing trade unions in Nigeria which provide immunities for trade union activities and to assess the constitutionality and fairness of the immunities. The findings revealed that the protection granted to trade unions under Sections 24(1) and (2); 43 and 44 (1) & (2) of the Nigerian Trade Unions Act is not absolute as acts conducted outside the contemplation of these sections can result in civil liabilities for trade unionists. The said civil liabilities may take the form of damages awarded to the aggrieved party or an injunction to restrain certain actions. At the end of the work, recommendations were made that the existing legal framework should be expanded to balance the interest of trade unions and third parties in consistent and plausible manners; to incorporate alternative dispute resolution mechanism as a means of balancing any tortious liability that may ensue; among other recommendations.
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Purwadi, Ari. "Tinjauan tentang Tanggung Gugat EX Pasal 1365 BW bagi Pencemar Lingkungan." Jurnal Hukum & Pembangunan 21, no. 2 (April 24, 1991): 121. http://dx.doi.org/10.21143/jhp.vol21.no2.336.
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Dengan lahimya Undang-undangNomor. 4 Tabun 1982 tentang Ketentuanpokok pengelolaan Lingkungan hidupmerupakan tonggak pembangunan hukumdalam lingkungan nasional yangberorientasi pada lingkungan. Bagipencemar lingkungan yang melakukanperbuatan melanggar bukum menurutUULH menggunakan prinsip membayarganti kerugian, terkena pasal 1365 KOHPerdaflo yang mengandung konseptanggung gugat yang dipertajam. Selainitu pula UULH menganut Asas strictliability dan tortious liability,,, dimanakesemua aturan tersebut merupakandasar bagi pembuktian para pencemarlingkungan untuk dikenakan sanksi.Demikian diungkap penulis dalam tulisanini.
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Liivak, Taivo, and Janno Lahe. "Strict Liability for Damage Caused by Self-Driving Vehicles: The Estonian Perspective." Baltic Journal of Law & Politics 12, no. 2 (December 1, 2019): 1–18. http://dx.doi.org/10.2478/bjlp-2019-0009.
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Abstract In the case of damage caused by a conventionally driven vehicle, it is usually possible in EU Member States to subject the possessor/controller of the vehicle to heightened tortious no-fault liability, i.e. strict liability. The development and possible introduction of self-driving vehicles pose a challenge also for tort law, because it is unlikely that self-driving vehicles will not cause any damage to third parties. With the application of strict liability in mind, this article attempts to identify possible differences between damage caused by a conventional vehicle as opposed to that caused by a self-driving vehicle. In light of this developing technology the key legislative question to be answered is whether the introduction of self-driving vehicles calls for, among other things, the revision of strict liability rules. Answers to these questions are sought mainly based on Estonian tort law.
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zhu yan. "Legal Duties and Tortious Liability of Third-Party E-Commerce Platforms." HUFS Law Review 41, no. 4 (November 2017): 181–201. http://dx.doi.org/10.17257/hufslr.2017.41.4.181.
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Arora, Anu. "Contractual and tortious liability in EFT transactions in the United Kingdom." Information & Communications Technology Law 1, no. 3 (January 1992): 291–309. http://dx.doi.org/10.1080/13600834.1992.9965659.
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Hemraj, Mohammed B. "The emergence of solicitors’ tortious liability and the award of damages." Journal of Financial Crime 10, no. 4 (October 2003): 316–30. http://dx.doi.org/10.1108/13590790310808862.
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Peyer, Sebastian, and Rob Heywood. "Walking on thin ice: the perception of tortious liability rules and the effect on altruistic behaviour." Legal Studies 39, no. 2 (April 23, 2019): 266–83. http://dx.doi.org/10.1017/lst.2018.39.
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AbstractLaypeople are often deterred from undertaking altruistic acts, assuming that they face a risk of negligence liability should they injure others while helping. We argue that the laypeople's interpretation of the law does not correspond with the courts’ interpretation of negligence liability. Reviewing the case law, we demonstrate that the courts treat such cases with leniency in the spirit of the Compensation Act 2006, s 1 and the Social Action, Responsibility and Heroism Act (SARAH) 2015, s 2. Thus, the negligence liability rules do not offer a sufficient explanation for the widely-held opinion that acts of altruism may give rise to liability. We hypothesise that the public's perception of legal rules is determined by a number of well-known biases and is not founded in the law itself. In the light of those biases, we contend that the function of the Compensation Act 2006, s 1 and SARAH 2015 does not lie in the substance but in their value as potential signals to reassure laypeople.
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Marson, James. "Collective Redress: Broadening EU Enforcement through State Liability?" European Business Law Review 27, Issue 3 (June 1, 2016): 325–51. http://dx.doi.org/10.54648/eulr2016015.
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This article advances an argument that private enforcement of European Union (EU) rights has largely been stunted due to a series of blocking tactics by Member States, enabled through a form of tacitic subservience of the Court of Justice of the European Union. Currently, State Liability is neither an effective system of redress under tortious liability, nor a genuine enforcement mechanism in domestic law. By enabling collective redress in State Liability, we present an argument, missing explicitly in current literature, that both as a viable remedy through the (UK’s modified) tort of breach of statutory duty, and through granting effective redress through action by the EU Commission, State Liability will become the mechanism for corrective justice the Court of Justice envisaged in 1991. In 2011, the EU Commission issued a nonbinding Recommendation establishing collective redress for breach of competition law. Could this be seen as positive positioning by the EU to seize the initiative for greater access to individuals of justice and justiciable solutions?
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Nikas, Luke, and Paul Maslo. "A Complete View of the Cathedral: Claims of Tortious Interference and the Specific Performance Remedy in Mergers and Acquisitions Litigation." Michigan Business & Entrepreneurial Law Review, no. 3.1 (2013): 1. http://dx.doi.org/10.36639/mbelr.3.1.complete.
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A bank promises to lend several billion dollars to fund a buyer’s purchase of a target company. The buyer enters into a merger agreement with the target. Thereafter, the economy plummets, and the bank decides that breaching its contract with the buyer will cost less than performing. The buyer seeks specific performance. The target also sues the bank, alleging tortious interference with the merger agreement. Billions of dollars are on the line. This is the reality lived by many investment banks that committed to fund leveraged buyouts during the recent economic downturn. Most of these matters were resolved in private settlements to avoid the possibility of crippling tort liability and publicly airing the messy details of the targets’ poor financial circumstances. The judicial decisions that do exist reveal a myopic view of the relationship between the buyer’s specific performance claim against the bank, on the one hand, and the target’s tort claim against the bank, on the other. By treating these claims as substantively distinct, courts threaten to impose an inefficient liability rule for the bank’s allegedly tortious conduct (including the possibility of punitive damages) and an equally inefficient property rule for the bank’s alleged breach of contract (specific performance). Courts must take a singular view of the combined costs and efficiencies created by the buyer’s and target’s individual claims to properly determine the appropriate remedy for the bank’s conduct.
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Graziano, Thomas Kadner. "THE LAW APPLICABLE TO PRODUCT LIABILITY: THE PRESENT STATE OF THE LAW IN EUROPE AND CURRENT PROPOSALS FOR REFORM." International and Comparative Law Quarterly 54, no. 2 (April 2005): 475–88. http://dx.doi.org/10.1093/iclq/lei008.
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The choice of law-rules for contractual obligations is harmonized in the European Union and the system established by the Rome I-Convention has proved its merits.1 The choice of law rules for tortious or delictual liability, on the contrary, is still largely left to the national legislators and courts2 and they differ very much from one country to the other. Two Hague Conventions cover particular issues.3 Neither of them is in force in the UK.
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CHEN, Bing, and Shan LIU. "Directors' Tortious Liability: A Study of Case in Hong Kong and England." Greener Journal of Business and Management Studies 1, no. 1 (September 20, 2011): 009–20. http://dx.doi.org/10.15580/gjbms.2011.1.jmbs-11010.
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Wright, Glen. "Risky Business: Enterprise Liability, Corporate Groups and Torts." Journal of European Tort Law 8, no. 1 (May 1, 2017): 54–77. http://dx.doi.org/10.1515/jetl-2017-0003.
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AbstractCorporate personality and limited liability have been the foundations of corporate law for most of its modern history. While these concepts greatly contributed to the early development of corporations, their application in the modern era is outmoded. Nowhere is this clearer than in ‘risky business’ scenarios, where a subsidiary is constituted for the purpose of shielding the corporate group as a whole from tortious liability arising from risky or dangerous activities. Tort victims generally must rely on ineffective and inconsistent common law and tort law doctrines in order to seek redress for torts committed against them, and a number of high profile cases have highlighted the flaws in such approaches. Many corporate law and tort scholars have commented on these flaws and a literature has developed proposing rational alternatives. This paper presents the case for adopting ‘enterprise liability’ in risky business situations, that is, treating the companies within a corporate group as one unified enterprise for the purposes of compensating tort victims.
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Gilead, Israel. "Issues in the Law of Torts." Israel Law Review 24, no. 3-4 (1990): 651–56. http://dx.doi.org/10.1017/s002122370001013x.
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In a recent article, Prof. Izhak Englard reviewed the salient developments in tort law over the last decade. These developments are:(a) Deciding the question of the internal structure of the Civil Wrongs Ordinance as regards the relationship between the general and the specific torts.(b) Extension of tortious liability for negligence, and the crystallization of the conceptual framework of that tort.(c) Expanding the scope of the tort of breach of a statutory duty by allowing the unimpeded inclusion of statutory duties within the scope of the Civil Wrongs Ordinance.(d) Removal of the umbrella erected by the case law in order to shield the State and its agencies from liability for negligence and the breach of a statutory duty, and the equation of the position of the State to that of other tortfeasors.
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Murphy, John. "Expectation Losses, Negligent Omissions and the Tortious Duty of Care." Cambridge Law Journal 55, no. 1 (March 1996): 43–55. http://dx.doi.org/10.1017/s0008197300097725.
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In English law, the recovery of pure economic loss falls mainly within the province of the law of contract. Only in very limited circumstances does the law of tort provide for the recovery of such losses. As Cardozo C.J. explained in Ultramares Corporation v. Touched, tort is concerned not to permit “liability in an indeterminate amount, for an indeterminate time to an indeterminate class”. Notwithstanding this reticence, their Lordships' speeches, though not the final decision, in the seminal case of Hedley Byrne & Co. Ltd. v. Heller and Partners Ltd. provided a notable inroad into the rigidity of this stance. Since Hedley Byrne, the question has become, instead, how far, not if, pure economic loss is and should be recoverable in the law of negligence.
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Alessi, Dario. "Enforcing Arbitrators Obligations: Rethinking International Commercial Arbitrators Liability." Journal of International Arbitration 31, Issue 6 (December 1, 2014): 735–84. http://dx.doi.org/10.54648/joia2014035.
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Liability of arbitrators touches the heart of the concept of arbitration as it affects the legal relationship between the arbitrators and the parties and concerns some essential issues on the nature of the arbitrator's mandate. This article intends to propose an alternative conceptual approach to the immunity-based theories, endorsing the suggestion that the arbitrator shall be liable as any normal intellectual service provider for breach of her obligations. Regarding the regime of liability, a systematization is proposed whereby strict liability, fault-based liability and tortious liability cohabitate. This relationship is argued being contractual. The existence of an objective contractual exchange underlies contractual liability for breach. As a consequence, the thesis proposed in this article is that the arbitrator shall be liable for breaches of the obligations contractually incurred. These contractual obligations can be divided into two main clusters, namely, the obligation to decide the dispute submitted and the obligation to provide a fair and equal adjudication. Thus, a dual regime of contractual liability for arbitrators is proposed. A separate set of obligations is represented by the pre-contractual duties of disclosure, which are tort-based. The plain existence of a contractual relationship between the arbitrator and the parties automatically sets aside all those theories claiming that because of the status or for some policy argument, the arbitrator must be immune from liability. As a consequence, any immunity or qualified immunity-based theory is rebutted in favor of a full liability-based conceptual scheme.
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Loser, Peter. "Financial Crisis – The Liability of Banking Institutions." Journal of European Tort Law 4, no. 2 (August 2013): 128–62. http://dx.doi.org/10.1515/jetl-2013-0012.
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AbstractThis article outlines what roles the banks have played in the subprime crisis and whether liability for damages sustained may be incurred. Apart from the conventional responsibility of banks towards their clients within the framework of wealth management or advisory services, the particular issue of possible liability for the creation and placement of investment products on the market is explored. Many questions which remain unanswered or are barely discussed are raised in the article. Independently of prospectus liability arising under specific legislative provision, is there a general tortious responsibility for providing incorrect information in connection with the issuing of securities? Is strict liability for the creation of dangerous products a realistic alternative – or supplement – to liability based on fault? Can individuals or institutions who were only indirectly involved as secondary victims claim compensation? In addition to the grounds of liability, other delicate legal questions are addressed, particularly relating to causation. For instance, it may not be clear whether an error in information or rather general market euphoria was the decisive factor in the investment decision. If, moreover, one wanted to extend liability to a large number of persons involved, the causal contributions of the individual banks may barely be determinable and could well be minimal. This leads to the question of whether procedural law is capable of dealing with such cases of loss.
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Wang, Ruitong. "Towards the Establishment of Spouse Tort Liability within Marriage." Transactions on Social Science, Education and Humanities Research 9 (July 8, 2024): 220–27. http://dx.doi.org/10.62051/ng1hav75.
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In the evolution of law, there is a growing awakening of individual consciousness. The number of intra-marital tort claims not predicated on divorce has increased in judicial practice. However, China currently only has a compensation system for damages arising from divorce, which is not conducive to the protection of the legitimate rights and interests of the parties involved. With the development of the economy, the liberalization of ideas, the collision of Chinese and Western legal thoughts, and the independent status of marital economics, the establishment of an intra-marital tort system has become possible. Intra-marital tort litigation is not predicated on the termination of marriage, but is established to protect the victim, punish the at-fault party, and prevent the occurrence of tortious acts. The elements of such litigation should have stricter requirements than general torts.
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Monaco, Paola. "Liability for negligently issued anti-mafia certificates." Journal of Financial Crime 25, no. 1 (January 2, 2018): 210–17. http://dx.doi.org/10.1108/jfc-10-2016-0066.
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Purpose This paper aims to analyse the different forms of liability that might apply under Italian private law to anti-mafia advisors who negligently perform their duties, with particular regards to auditors concerning the drafting of mandatory anti-mafia certificates as bidding documents for public procurement contracts. Design/methodology/approach The analysis is based on the comparative law methodology of dissociation of “legal formants”, that is, on the study of separate contributions by each element of the legal system – from black-letter provisions to judicial dicta, from scholars’ arguments to administrative practices – to the making of legal rules in a given setting. Findings Neither case law nor academic writing is abundant on this topic. Yet, it can be fairly assumed that an advisor who negligently drafts anti-mafia certificates might incur both contractual and tortious liability. Originality/value The paper investigates an area, which has so far been largely unexplored, and, thus, contributes to paving the way for a better understanding of the legal framework applicable to the cases under examination.
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Dyson, Matthew. "THE TIMING OF TORTIOUS AND CRIMINAL ACTIONS FOR THE SAME WRONG." Cambridge Law Journal 71, no. 1 (March 2012): 86–117. http://dx.doi.org/10.1017/s0008197312000219.
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AbstractThis paper traces a key example of the overlap between tort and crime and explains the impact of how disjointed English legal thinking has been. For about 400 years English civil courts have accepted some form of pre-eminence of the criminal law where civil and serious criminal liability co-exist. This has often been described as the rule that “a trespass merges in a felony” though a more neutral term would be a “timing rule”. The development of the timing rules casts light on how English legal reasoning has approached the relationship between the victim and the state, the procedural context of substantive rules and the impact rules in one area of law can have elsewhere.
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Martens, Claus-Peter. "Environmental Liability of Parent Companies and Subsidiaries under German Law." European Energy and Environmental Law Review 12, Issue 5 (May 1, 2003): 135–47. http://dx.doi.org/10.54648/eelr2003022.
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Summary: The bases of liability under German environmental law are as complex as are the addressees of liability. The responsibilities do not exclude each other but rather often apply parallel to each other. Under German civil law, the main emphasis is on the liability of the enterprise. Parallel to that, company bodies and executive employees may be held liable. Employees are liable for tortious acts committed wilfully or by gross negligence; however, they are solely liable for compensation claims vis-à-vis the enterprise but not vis-à-vis third parties. In the internal relationship between parent company and subsidiary, the parent company is always liable if the acts of the subsidiary which led to a realisation of the elements of liability were committed by order of the parent company or if another type of influence of the parent company on the acts of the subsidiary can be established. In contrast to that, liability under German criminal law, as a rule, applies as to the individual employees of the enterprise. With respect to the avoidance of liability, only a combination of various measures, such as prohibitions and the development of more self-responsibility and self-control of the enterprises, will lead to the greatest success. In particular the principles of the eco-audit should be applied in each enterprise even without an official participation in the eco-audit system.
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Pasenko, Yuri I. "The Issue of Legal Qualification of Pre-Contractual Liability." Теория и практика общественного развития, no. 9 (September 25, 2024): 125–30. http://dx.doi.org/10.24158/tipor.2024.9.16.
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One of the pressing questions within the institute of pre-contractual liability is its legal qualification. The speci-ficity of this institute allows for a variability of norms regulating this type of civil liability. Despite the fact that the Supreme Court of the Russian Federation has seemingly provided a definitive answer to this question by de-termining that norms of tort law apply to instances of pre-contractual liability arising from the breakdown of ne-gotiations, this approach has encountered criticism from scholars in the field. In the present work, the author endeavors to critique the position of those who reject the tortious qualification of pre-contractual liability within the framework of Russian law. It is demonstrated that the particularities of the institute in question do not pre-clude the construction of this type of liability based on the norms of tort law, without the necessity of employing the framework of regulatory contractual relations that arise between negotiating parties. Through a comprehen-sive analysis, this article seeks to clarify the legal nature of pre-contractual liability, arguing for a more nuanced understanding that aligns with the principles of tort law while addressing the complexities of negotiation pro-cesses in civil transactions. This exploration contributes to the broader discourse on the reform of legal stand-ards governing pre-contractual relationships, ultimately aiming for a more coherent and effective legal frame-work.