The Concept Of Liability Criminal Liability And Tort
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Tort Law And Criminal Law And Contract Law
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Author : Johnny Ch Lok
language : en
Publisher:
Release Date : 2019-09-05
Tort Law And Criminal Law And Contract Law written by Johnny Ch Lok and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with categories.
(10)Strict liability torts and Vicarious liabilityStrict LiabilityStrict or absolute liability is the legal responsibility for damage or injury, even if the person found strictly liable was not at fault. In order to prove strict liability in tort, plaintiff needs to prove only that the tort happened and that the defendant was responsible for the act or omission. In the case of strict liability in the USA, neither good faith nor the fact that the defendant took all possible precautions is a valid defense. A common example of strict liability is imposing product liability in the case of defectively manufactured products.Strict liability applies especially in cases involving hazardous or dangerous activities.Generally, liability based on a tort only arises where the defendant either intended to cause harm to the plaintiff or in situations where the defendant is negligent. However, in some areas, liability can arise even when there is no intention to cause harm or negligence. For example, when a contractor uses dynamite which causes debris to be thrown onto the land of another and damages a landowner's house, the landowner may recover damages from the contractor even if the contractor was not negligent and did not intend to cause any harm. Basically, society is saying that the activity is so dangerous to the public that there must be liability. However, society is not going so far as to outlaw the activity.Example: Acme Construction Company was constructing a highway. It was necessary to blast rock with dynamite. The corporation's employees did this with the greatest of care. In spite of theirprecautions, some flying fragments of rock damaged a neighboring house. The owner of the house sued the corporation for damages. The corporation raised the defense that the owner was suing for tort damages and that such damages could not be imposed because the corporation had been free from fault. Was this defense valid? No. While ordinarily fault is the basis of tort liability, there are cases in which absolute liability is imposed on the actor. This means that when harm is caused, it is no defense that none was intended or that due care had been exercised to prevent the harm.Other examples of absolute liability situations would be harm caused by storage of flammable gas and explosives, factories which produce dangerous fumes or smoke in populated areas, and the production of nuclear material. Vicarious liability is the responsibility of the superior for the acts of their subordinate. It is the responsibility of a third party who has the right, ability or duty to control the activities of a violator.Typically liability flows from the relationship of master and servant. The relationship includes thepower to direct the servant in the execution of the duties of his/her employment, and to control theacts that no injury is done to third persons.An employer can be held vicariously liable for an employee's tortious act against the person orproperty of a third party in a transaction of the employer's business. If a negligent act is committed by an employee acting within the general scope of her or his employment, the employer will be held liable for damages. For example, if the driver of a gasoline delivery truck runs a red light on the way to a gas station and strikes another car, causing injury, the gasoline delivery company will be responsible for the damage if the driver is found to be negligent.
Criminal And Civil Liability Of Professionals
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Author : Council of Europe
language : en
Publisher:
Release Date : 1995
Criminal And Civil Liability Of Professionals written by Council of Europe and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Comparative law categories.
On Reasonable Liability
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Author : J. A. Diening
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
On Reasonable Liability written by J. A. Diening and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Law categories.
Comparing Tort And Crime
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Author : Matthew Dyson
language : en
Publisher: Cambridge University Press
Release Date : 2015-07-02
Comparing Tort And Crime written by Matthew Dyson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-02 with Law categories.
First English-language comparative volume to study where, how and why tort and crime interact. Covers common and civil law countries.
Comparative Tort Law
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Author : Mauro Bussani
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
Comparative Tort Law written by Mauro Bussani and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Understanding Tort Law
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Author : Carol Harlow
language : en
Publisher: Sweet & Maxwell
Release Date : 2005
Understanding Tort Law written by Carol Harlow and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
This text offers an overview of the tort system for the non-lawyer or new law undergraduate. This new edition looks at topics such as the theories of tort law, accident compensation and its future, the rise of negligence, and issues in economic loss.
Principled International Criminal Justice
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Author : Mark Findlay
language : en
Publisher: Routledge
Release Date : 2018-07-11
Principled International Criminal Justice written by Mark Findlay and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-11 with Law categories.
Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.
Unravelling Tort And Crime
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Author : Matthew Dyson
language : en
Publisher: Cambridge University Press
Release Date : 2014-07-17
Unravelling Tort And Crime written by Matthew Dyson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-17 with Law categories.
Innovative and groundbreaking research on how tort and crime interrelate in English law.
Tort Law In Germany
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Author : Oliver Rieckers
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2023-12-18
Tort Law In Germany written by Oliver Rieckers and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-18 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Germany. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Germany. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Tortious Liability For Unintentional Harm In The Common Law And The Civil Law Volume 1 Text
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Author : F. H. Lawson
language : en
Publisher: Cambridge University Press
Release Date : 1982-09-16
Tortious Liability For Unintentional Harm In The Common Law And The Civil Law Volume 1 Text written by F. H. Lawson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1982-09-16 with Law categories.