Journal articles on the topic 'Cause for liability'
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1
Hurka, Thomas. "Liability and Just Cause." Ethics & International Affairs 21, no. 2 (2007): 199–218. http://dx.doi.org/10.1111/j.1747-7093.2007.00070.x.
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This paper is a response to Jeff McMahan‘s “Just Cause for War” (Ethics & International Affairs 19, 2005). McMahan holds, as many have, that there is a just cause for war against group X only if X have made themselves liable to military force by being responsible for some serious wrong. But he interprets this liability requirement in a very strict way. He insists (1) that one may use force against X for purpose Y only if they are responsible for a wrong specifically connected to Y; and (2) that one may use force against an individual member of X only if he himself shares in the responsibility for the wrong. This paper defends a more permissive, and more traditional, view of just war liability against McMahan's claims. Against McMahan‘s first claim it argues that certain “conditional just causes,” such as disarming an aggressor, deterring future aggression, and preventing lesser humanitarian crimes, can be legitimate goals of war against X even if X have no specific liability connected to them. Against McMahan's second claim it argues that soldiers who have no responsibility for X‘s wrong may nonetheless be legitimately attacked because in becoming soldiers they freely surrendered their right not to be killed by enemy combatants in a war between their and another state, so killing them in such a war is not unjust. Though initially a criticism of McMahan, the paper makes positive proposals about conditional just causes and the moral justification for directing force at soldiers.
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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 of action. Courts should recognize the validity of preconception tort liability and allow a strict liability cause of action in third-generation cases.
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Vehovec, Marjeta Tomulic. "The Cause of Member State Liability." European Review of Private Law 20, Issue 3 (June 1, 2012): 851–80. http://dx.doi.org/10.54648/erpl2012054.
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Abstract: This article researches the problem of establishing causal link in Member State liability cases under European Union (EU) law. It tackles the presumption that the condition of direct causal link is left to national courts to determine. The author examines EU legal rules concerning the Member State liability and their interaction with national law. As an example of national law, the author examined German State liability law and those of its rules that are relevant for causation in Member State liability cases. The results show that the case law of the Court of Justice of the European Union influences the establishment of the causal link before national courts in Member State liability cases. Résumé: Le présent article traite du problème de l'établissement du lien causal dans des affaires de responsabilité d'un Etat membre en droit de l'UE. Il soulève la presumption selon laquelle il appartient aux cours et tribunaux nationaux de déterminer la condition du lien causal direct. L'auteur examine les règles du droit de l'UE concernant la responsabilité de l' Etat membre et leur interaction avec le droit national. A titre d'exemple de droit national, l'auteur analyse le droit de la responsabilité de l'Etat allemand et celles parmi ses règles qui s'appliquent au lien de causalité dans des cas de responsabilité d'un Etat membre. Les résultats indiquent que la jurisprudence de la Cour de Justice de l'Union européenne influence l'établissement du lien causal devant les cours et tribunaux nationaux dans des affaires de responsabilité d'un Etat membre. Zusammenfassung: Die vorliegende Arbeit untersucht die Frage der Feststellung des Kausalzusammenhangs in Fällen der Haftung von Mitgliedstaaten nach EU-Recht. Insbesondere wird diese Frage im Hinblick auf die Annahme, dass die Feststellung von der Voraussetzung des unmittelbaren Kausalzusammenhangs den nationalen Gerichten überlassen wird, analysiert. Die Autorin vergleicht EU-Rechtsvorschriften zur Haftung der Mitgliedstaaten mit den Vorschriften des nationalen Rechts. Als nationalrechtliches Beispiel führt sie deutsches Staatshaftungsrecht und für die Fälle der Haftung von Mitgliedstaaten maßgebende Vorschriften an. Aus der Analyse ergibt sich, dass die Rechtssprechung des Gerichtshofs der Europäischen Union die Feststellung des Kausalzusammenhangs in Fällen der Haftung von Mitgliedstaaten vor den nationalen Gerichten beeinflusst.
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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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Hay, Bruce, and Kathryn E. Spier. "Manufacturer Liability for Harms Caused by Consumers to Others." American Economic Review 95, no. 5 (November 1, 2005): 1700–1711. http://dx.doi.org/10.1257/000282805775014416.
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Should the manufacturer of a product be held legally responsible when a consumer, while using the product, harms someone else? We show that if consumers have deep pockets, then manufacturer liability is not desirable. If homogeneous consumers have limited assets, then the best rule is “residual-manufacturer liability” where the manufacturer pays the shortfall in damages not paid by the consumer. Residual-manufacturer liability distorts the market quantity when consumers' willingness to pay is correlated with their propensity to cause harm. It distorts product safety when consumers differ in their wealth levels. In both cases, consumer-only liability may be preferred.
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Gu, Yong Cai, and Wen Di Zhang. "On the Negative Impact of Defects Liability Period." Advanced Materials Research 243-249 (May 2011): 6261–67. http://dx.doi.org/10.4028/www.scientific.net/amr.243-249.6261.
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The "Interim Measures for Construction Quality Margin" gave the provisions on the terms of defect liability period. These provisions have serious negative effects on the construction contract management. This negative effect is manifested in two aspects: firstly, it is difficult for people to distinguish defects liability period, defects notification period in FIDIC contract, and the warranty period in the law. Second is to cause a heavier burden on the contractors. This paper analyzes both the negative impacts and causes.
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Orlov, Vladimir. "Liability in Russian Corporate Law." ATHENS JOURNAL OF LAW 7, no. 1 (December 31, 2020): 9–32. http://dx.doi.org/10.30958/ajl.7-1-1.
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Liability issues related to corporate activities are primarily regulated by general and special rules of the Civil Law in Russia that are mainly dispositive. The general liability rules consist of tort and contract liability provisions of the Civil Code. Special corporate norms are, in turn, included in the Civil Code provisions on juristic persons and legislation regulating corporate forms, and they concern liability of founders, shareholders and corporation as well as executives of corporation. The main form of civil liability is compensation for damages, the award for which generally requires that the illegal action and the caused damages as well as their causal relationship and the fault for causing the damages is proved in accordance with the rules on presumptions and burden of proof provided by the procedural rules. Traditionally, Russian civil liability rules have relied on the concept of illegality of an action (or breach of an obligation) that is to cause liability, which reflects the dominant role of legal supervision in the Russian legal system. However, in the event of liability of corporate executives, a breach of fiduciary duties could be regarded sufficient as a ground to qualify their actions as illegal without particular reference to concrete legal norms. Keywords: Civil liability; Corporation; Corporate executives; Illegality
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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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Brown, Julian M., and John M. Snell. "Legal liability in sepsis cases." Journal of Patient Safety and Risk Management 23, no. 5 (September 13, 2018): 201–5. http://dx.doi.org/10.1177/2516043518799024.
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The treatment of sepsis is a significant cause of clinical negligence. Determining causation is a key aspect to successful litigation. We have reviewed the use of medical evidence in establishing legal causation.
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Sari Sumantri, Made Gede Niky. "Tanggung Jawab Atas Kebijakan Yang Diterapkan Oleh Perusahaan Induk Kepada Perusahaan Anak Yang Berakibat Pada Timbulnya Suatu Kerugian." Acta Comitas 5, no. 1 (April 30, 2020): 172. http://dx.doi.org/10.24843/ac.2020.v05.i01.p15.
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Liability to the parent company for policies implemented by subsidiaries that result in losses with third parties is a major problem in the practice of group. This problem This problem is due to absence of legislation that specifically regulate of the company group, the regulatory framework of the realationship the parent and it’s subsidiaries in the group companies is use Corporate Law. The incorporation of the company’s subsidiary in the group does not abolish the legal status of a subsidiary. Parent companies in the group company contractions have immunity over the implementation of the principle of limited liability. the purpose of writing this journal is to know, how is the assignment legal liability to the parent company for the policies applied to the subsidiary companies resulting in a loss to a third party and how to anticipate control without legal liability the parent company for its policies that impact the economic insecurity of the subsidiary in the construction of group companies. The research that the author uses is normative legal research. From this research, assigning legal liability to the parent company through the implementation of policies implemented by the subsidiary is certainly seen from the fault that cause losses. One effort that can be done to anticipate control without legal liabilty of the parent companies it’s Make Charter Corporate Relations and Between Subsidiaries or make agreement control between the parent company and subsidiary.
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TADROS, VICTOR. "Duty and Liability." Utilitas 24, no. 2 (May 22, 2012): 259–77. http://dx.doi.org/10.1017/s095382081200012x.
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In his recent book, Killing in War, Jeff McMahan sets out a number of conditions for a person to be liable to attack, provided the attack is used to avert an objectively unjust threat: (1) The threat, if realized, will wrongfully harm another; (2) the person is responsible for creating the threat; (3) killing the person is necessary to avert the threat, and (4) killing the person is a proportionate response to the threat. The present article focuses on McMahan's second condition, which links liability with responsibility. McMahan's use of the responsibility criterion, the article contends, is too restrictive as an account of liability in general and an account of liability to be killed in particular. In order to defend this claim, the article disambiguates the concept of liability and explores its role in the philosophical analysis of the permission to cause harm to others.
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Joyce, Orla. "Environmental Liability in Ireland." European Energy and Environmental Law Review 14, Issue 7 (July 1, 2005): 193–99. http://dx.doi.org/10.54648/eelr2005029.
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Summary: Environmental offences (whether causing pollution, threatening to cause pollution, breach of a local authority licence or permit, or breach of an IPC or IPPC licence) may be committed by a range of people from a body corporate to an individual manager and the ensuing liabilities can be civil, criminal or both. Claims can be (1) constitutional; (2) statutory (Irish and European); and (3) common law based. I propose in this paper to deal with these liabilities in the environmental context and also to highlight some landmark cases and what is coming down the track in the future.
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Bączyk-Rozwadowska, Kinga. "Civil Liability for Medical Malpractice. Damage Resulting from Doctor’s Negligence (Breach of Professional Duties)." Prenatal Cardiology 5, no. 4 (December 1, 2015): 43–45. http://dx.doi.org/10.1515/pcard-2015-0008.
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Abstract Civil liability for medical malpractice may be attributed either to a doctor or a hospital when any of these persons’ acts or omissions cause injuries to a patient; it may be also the hospital’s liability for the damage caused by negligence of its staff (doctors and other personnel). The rules that govern this liability and the way of compensating the damage are different due to the grounds on which the doctor performs medical services and, in case of hospital’s liability, the relation between a doctor and a health care institution. A doctor who runs his private medical practice bears civil liability individually and is obliged to pay damages if any of his patient suffers injury in connection with the treatment. However, a doctor who acts as employee of a health care institution is protected by the provisions of the Labour Code and exempted from civil liability to a patient. On the other hand, a so-called independent contractor’s liability is joint and several with a hospital that has engaged him. However, case law seems to protect such doctors and treat them as hospital’s employees if certain premises are fulfilled (like de facto subordination of the doctor to the head of the ward).
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Rădulescu, Dragos-Lucian, and Delia Marinescu. "SOLIDARITY LIABILITY IN THE EVENT OF WORK-RELATED ACCIDENTS." Jus et Civitas – A Journal of Social and Legal Studies 8(62), no. 1 (2021): 27–34. http://dx.doi.org/10.51865/jetc.1.04.
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The patrimonial liability is the most common form of liability, being attracted in case of non-compliance with the legal norms, in order to protect the social values indispensable for the normal functioning of a company. Legal employment relationships are one of the most common areas in which joint and several liability is applied, namely in the case of work accidents resulting in personal injury to employees, which can cause them including permanent disabilities and can be caused by deficiencies in specific equipment used, as well as the lack of effective training in the field of labour protection. Establishing guilt and attracting civil liability is done in relation to the concrete conditions of the accident, the duties of employees according to job descriptions, but also the concrete actions they performed during the program or in connection with work duties. The article presents the applicability of the legal norms in the matter of civil liability to a practical case in which the courts have held joint and several liability of employees and employers in case of accidents at work, referring to the legal conditions to be met, with implications in criminal law.
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Yamasaki, Takashi. "Do Typhoons Cause Turbulence in Property-Liability Insurers’ Stock Prices?" Geneva Papers on Risk and Insurance - Issues and Practice 41, no. 3 (November 11, 2015): 432–54. http://dx.doi.org/10.1057/gpp.2015.29.
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Sullivan, G. R. "Cause and the Contemporaneity of Actus Reus and Mens Rea." Cambridge Law Journal 52, no. 3 (September 1993): 487–500. http://dx.doi.org/10.1017/s0008197300099980.
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A court may be confronted by a lack of temporal coincidence between actus reus and mens rea but nonetheless impose liability because on analysis the coincidence requirement is held to be satisfied in form or in substance. The situation may arise in two ways. There may, as in R. v. Miller,1 be initial blameless causal responsibility followed by a culpable failure to avert or mitigate the consequences of the initial conduct. Or, as in R. v. Le Brun,2 there may be conduct with the mens rea required for the offence charged, but to no relevant causal effect, followed by a non-culpable causing of the actus reus of the offence. It will be contended that in these two categories of case blameless causal agency is apt to play too prominent a role in the imposition of liability for what may be very serious offences.
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Gless, Sabine, Emily Silverman, and Thomas Weigend. "If Robots cause harm, Who is to blame? Self-driving Cars and Criminal Liability." New Criminal Law Review 19, no. 3 (2016): 412–36. http://dx.doi.org/10.1525/nclr.2016.19.3.412.
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The fact that robots, especially self-driving cars, have become part of our daily lives raises novel issues in criminal law. Robots can malfunction and cause serious harm. But as things stand today, they are not suitable recipients of criminal punishment, mainly because they cannot conceive of themselves as morally responsible agents and because they cannot understand the concept of retributive punishment. Humans who produce, program, market, and employ robots are subject to criminal liability for intentional crime if they knowingly use a robot to cause harm to others. A person who allows a self-teaching robot to interact with humans can foresee that the robot might get out of control and cause harm. This fact alone may give rise to negligence liability. In light of the overall social benefits associated with the use of many of today’s robots, however, the authors argue in favor of limiting the criminal liability of operators to situations where they neglect to undertake reasonable measures to control the risks emanating from robots.
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Catty, Hazel. "Joint tortfeasance and assistance liability." Legal Studies 19, no. 4 (December 1999): 489–514. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00636.x.
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There is a real need to clarify the scope of the doctrine of joint tortfeasance, in view of the constant attempts by plaintifs to widen liability in the search, for the deepest pockets. Part of this clarification involves a reaction to the growing use of ‘accessory liability’ terminology in the civil IUMI generally. There Lire those who argue that whatever the limits of joint tortfeasance liability, the law implicitly accepts liability for ‘facilitators’ us secondary parties to all civil wrongs. The aim of this paper is to clarify the doctrine of joint tortfeasance, to distinguish the liability of those who cause or conspire from those who merely facilitate, and to deny the existence of a wide concept of secondary civil liability.
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Lemann, Alexander B. "Autonomous Vehicles, Technological Progress, and the Scope Problem in Products Liability." Journal of Tort Law 12, no. 2 (November 18, 2019): 157–212. http://dx.doi.org/10.1515/jtl-2019-0029.
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Abstract Autonomous vehicles are widely expected to save tens of thousands of lives each year by making car crashes attributable to human error – currently the overwhelming majority of fatal crashes – a thing of the past. How the legal system should attribute responsibility for the (hopefully few) crashes autonomous vehicles cause is an open and hotly debated question. Most tort scholars approach this question by asking what liability rule is most likely to achieve the desired policy outcome: promoting the adoption of this lifesaving technology without destroying manufacturers’ incentives to optimize it. This approach has led to a wide range of proposals, many of which suggest replacing standard rules of products liability with some new system crafted specifically for autonomous vehicles and creating immunity or absolute liability or something in between. But, I argue, the relative safety of autonomous vehicles should not be relevant in determining whether and in what ways manufacturers are held liable for their crashes. The history of products liability litigation over motor vehicle design shows that the tort system has been hesitant to indulge in such comparisons, as it generally declines both to impose liability on older, more dangerous cars simply because they lack the latest safety features and to grant immunity to newer, safer cars simply because of their superior aggregate performance. These are instances in which products liability law fails to promote efficient outcomes and instead provides redress for those who have been wronged by defective products. Applying these ideas to the four fatalities that have so far been caused by autonomous vehicles suggests that just as conventional vehicles should not be considered defective in relying on a human driver, autonomous vehicles should not be immune when their defects cause injury.
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Stryzhevska, Anzhela. "Grounds, conditions and features of exemption from criminal liability provided for in part five of Article 354 of the Criminal Code of Ukraine." Legal Ukraine, no. 7 (September 21, 2020): 13–19. http://dx.doi.org/10.37749/2308-9636-2020-7(211)-2.
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The article is devoted to the analysis of exemption from criminal liability on the grounds specified in part five of Article 354 of the Criminal Code of Ukraine. The directions of modern researches of this problem are analyzed. The concept of exemption from criminal liability on the grounds specified in part five of Article 354 of the Criminal Code, conditions and criminal consequences. The application of general types of exemption from criminal liability of persons who have committed corruption offenses is limited by the legislator, and the implementation of such as expiration due to the expiration of the statute of limitations does not cause difficulties in practice. criminal liability provided for in part five of Article 354 of the Criminal Code. Key words: criminal liability, corruption offense, exemption from criminal liability, grounds for exemption from criminal liability.
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Broadbent, Alex. "FACT AND LAW IN THE CAUSAL INQUIRY." Legal Theory 15, no. 3 (September 2009): 173–91. http://dx.doi.org/10.1017/s1352325209990024.
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This paper takes it as a premise that a distinction between matters of fact and of law is important in the causal inquiry. But it argues that separating factual and legal causation as different elements of liability is not the best way to implement the fact/law distinction. What counts as a cause-in-fact is partly a legal question; and certain liability-limiting doctrines under the umbrella of “legal causation” depend on the application of factual-causal concepts. The contrastive account of factual causation proposed in this paper improves matters. This account more clearly distinguishes matters of fact from matters of law within the cause-in-fact inquiry. It also extends the scope of cause-in-fact to answer some questions currently answered by certain doctrines of legal causation—doctrines that, it is argued, are more naturally seen as applications of our ordinary causal concept than as noncausal liability-limiting devices.
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Rothenberg, Naomi R. "Auditor Reputation Concerns, Legal Liability, and Standards." Accounting Review 95, no. 3 (August 1, 2019): 371–91. http://dx.doi.org/10.2308/accr-52523.
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ABSTRACT This paper studies how legal liability due to negligence can weaken or strengthen an auditor's reputation concerns in the client market to provide high audit effort. A negligence liability rule relies on auditing standards to provide a threshold for the level of due care. When the negligence standard is lax, legal liability can weaken the auditor's reputation incentives, with lower audit effort than without legal liability. If the damage payment is low, noncompliance is less costly, because with compliance, reputational concerns cause the auditor to provide higher costly audit effort than the standard. In this case, investors also prefer noncompliance, and earnings quality is lower than if there were no legal liability damages. When the standard is stringent, noncompliance is less costly for the auditor, and legal liability strengthens reputation incentives. Investors may also prefer noncompliance, and earnings quality is higher than if there were no legal liability damages. JEL Classifications: M41; M42; D82; M48.
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Sobolev, S. I. "Currency «Underclause»: Cause for Liability That Is Not Provided by Law." Herald of Economic Justice 16, no. 8 (2021): 130–41. http://dx.doi.org/10.37239/2500-2643-2021-16-8-130-141.
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Et. al., Dr Arshed Taha Hattab,. "Civil liability for carriers of Coronavirus infection." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 4 (April 11, 2021): 1236–46. http://dx.doi.org/10.17762/turcomat.v12i4.643.
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The study is based on research into the civil liability for the transmission of covid-19 in Iraqi law, by identifying the definition of infection and the definition of the disease, what is covid-19, what methods of propagation and transmission, and what symptoms cause the patient, all we addressed in the first research. The second research is devoted to the provisions of civil responsibility for the CORONA virus, and the search for its pillars, namely error and damage, and this causal relationship and what is wrong, what damage is done to the victim of mers-co777 transmission, what is the damage caused, the causal relationship between the offender's fault and the damage, and whether the transmission is intentional or unintentional. The study concluded with the legal implications of that liability, which was limited to in-kind implementation and compensation. Finally, we concluded the research with a number of findings and recommendations, which may be a basis for the legislator to address this modern problem.
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Keating, Greg. "Strict Liability and the Mitigation of Moral Luck." Journal of Ethics and Social Philosophy 2, no. 1 (June 1, 2017): 1–34. http://dx.doi.org/10.26556/jesp.v2i1.18.
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The general problem of moral luck—that responsibility is profoundly affected by factors beyond the control of the person held responsible—is often said to cause special problems for strict liability, as opposed to negligence liability. Negligence, the argument runs, holds people responsible for both fault and fate whereas strict liability holds people accountable solely for fate. This criticism is off the mark, both in its specific claim and in its general implications. The specific criticism is mistaken because the choice between negligence and strict liability holds the contributions of fate constant. Strict liability holds people accountable for harms attributable to their agency, whereas negligence liability holds people accountable for harms attributable to their culpable agency. The more general thesis that strict liability puts agents at the mercy of fate is mistaken because the most important form of strict liability—strict enterprise liability in the law of torts—actually softens the blows of fate. In a world where the costs of accidents can be dispersed across the activities which engender them, strict enterprise liability substitutes certain but manageable insurance premiums for unpredictable but potentially catastrophic liability, and replaces less certain compensation for serious injury with more certain compensation. By subjecting us to a lottery some of whose spins of the wheel impose financial ruin, it is fault liability that puts our actions at the mercy of luck.
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Davies, Joanna M., Karen L. Posner, Lorri A. Lee, Frederick W. Cheney, and Karen B. Domino. "Liability Associated with Obstetric Anesthesia." Anesthesiology 110, no. 1 (January 1, 2009): 131–39. http://dx.doi.org/10.1097/aln.0b013e318190e16a.
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Background Obstetrics carries high medical liability risk. Maternal death and newborn death/brain damage were the most common complications in obstetric anesthesia malpractice claims before 1990. As the liability profile may have changed over the past two decades, the authors reviewed recent obstetric claims in the American Society of Anesthesiologists Closed Claims database. Methods Obstetric anesthesia claims for injuries from 1990 to 2003 (1990 or later claims; n = 426) were compared to obstetric claims for injuries before 1990 (n = 190). Chi-square and z tests compared categorical variables; payment amounts were compared using the Kolmogorov-Smirnov test. Results Compared to pre-1990 obstetric claims, the proportion of maternal death (P = 0.002) and newborn death/brain damage (P = 0.048) decreased, whereas maternal nerve injury (P < 0.001) and maternal back pain (P = 0.012) increased in 1990 or later claims. In 1990 or later claims, payment was made on behalf of the anesthesiologist in only 21% of newborn death/brain damage claims compared to 60% of maternal death/brain damage claims (P < 0.001). These payments in both groups were associated with an anesthesia contribution to the injury (P < 0.001) and substandard anesthesia care (P < 0.001). Anesthesia-related newborn death/brain damage claims had an increased proportion of delays in anesthetic care (P = 0.001) and poor communication (P = 0.007) compared to claims unrelated to anesthesia. Conclusion Newborn death/brain damage has decreased, yet it remains a leading cause of obstetric anesthesia malpractice claims over time. Potentially preventable anesthetic causes of newborn injury included delays in anesthesia care and poor communication between the obstetrician and anesthesiologist.
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Hübner, U. "Die Berufshaftung in der Bundesrepublik Deutschland." European Review of Private Law 1, Issue 1/2 (March 1, 1993): 263–88. http://dx.doi.org/10.54648/erpl1993020.
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Abstract. This paper gives details of the most important problem areas in the field of professional liability in the Federal Rupublic of Germany and sets out also the influence which the EC directive on the liability of suppliers of services is expected to have. It distinguishes first between the professional liability of self-employed persons and employees. In the case of employees, they will be liable if they cause damage under tort or contract, but where the work is classed as ‘dangerous’ their responsability may be restricted, thus in many cases avoiding an inequitable imposition of liability upon the employee in respect of loss which he or she has caused. In the case of the liberal professions, in contrast, the standard of care may be so high that this group of professionals cannot in practice come up to the requisite standards. Against this background, it is proposed in the paper that it would be appropriate to introduce certain limitations (e.g. with regard to the specific job-related knowledge of individual areas of law and with regard to supreme court case law in the case of the legal profession). On to these problem issues within national law is grafted an assessment of the draft EC Directive on the liability of suppliers of services. This assessment and the consequences which will result from the implementation of the Directive represent the conclusion of this paper, which ends with a brief plea for ‘less liability’ in spite of the opportunities for insurance against liability risks.
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Faure, Michael, and Shu Li. "Artificial Intelligence and (Compulsory) Insurance." Journal of European Tort Law 13, no. 1 (April 1, 2022): 1–24. http://dx.doi.org/10.1515/jetl-2022-0001.
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Abstract This article discusses the compulsory liability insurance for AI-related harm proposed in the ongoing EU policy debate. We not only explain from the demand side why liability insurance would not be the only financial security needed to deal with the risks created by emerging technologies, but we also clarify from the supply side the obstacles concerning the application of liability insurance in the digital age. This article argues that, even if policymakers are determined to mandate liability insurance for AI-related risks, it must be established in a balanced and evidence-based manner. Compulsory financial security is only indicated when there is a risk that the activity may cause serious damage and could lead to insolvency.
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Blyth, Conrad, and Basil Sharp. "The Rules of Liability and the Economics of Care." Victoria University of Wellington Law Review 26, no. 1 (February 1, 1996): 91. http://dx.doi.org/10.26686/vuwlr.v26i1.6179.
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In 1992, the New Zealand Law Commission proposed changes to the rules of liability applied in cases of negligence under the law of torts (Law Commission Apportionment of Civil Liability (Preliminary Paper No 19, Wellington, 1992)). The Commission proposed to retain the rule that where there are two wrongdoers who together cause a single loss each is liable to the injured person for up to 100% of the plaintiff's claim. Is this rule justified economically? This article analyses the rule (the doctrine of "solidary liability") in economic terms, as well as the "proportionate liability" rule as an alternative. The authors begin with the conditions which produce an optimal allocation of economic resources in society, and then undertake an alternative analysis of the demand and supply of care which is suitable for a legal framework of negligence and concurrent liability. The authors then summarise their conclusions about the economic efficiency of the two basic liability rules.
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Dugan, Candace Croucher. "Advertising, the Consumer Researcher and Products Liability." Journal of Public Policy & Marketing 8, no. 1 (January 1989): 227–41. http://dx.doi.org/10.1177/074391568900800115.
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When a product's advertising is introduced in a products liability suit, marketers and consumer researchers can assist both the attorneys and the judge in interpreting its significance. Did the consumer rely on misleading advertising? Did this reliance cause the injury? Appropriate market research can help answer such questions.
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Larsen, Paul B. "Commercial Operator Liability in the New Space Era." AJIL Unbound 113 (2019): 109–13. http://dx.doi.org/10.1017/aju.2019.18.
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Both national and international laws apply to collisions by space vehicles and objects in outer space and with the surface of the Earth. International treaties govern collisions involving commercial operators from different states, while domestic laws govern claims by nationals against national commercial operators. Commercial operators may find themselves as defendants or become plaintiffs when others cause them damage. This essay discusses liability in the new space era from the point of view of these operators, including both outer space and surface liabilities. It examines liability exposure, describes different regimes governing liability, and identifies prospective legal changes.
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Kinnaird, Brian A. "Exploring Liability Profiles: A Proximate Cause Analysis of Police Misconduct: Part II." International Journal of Police Science & Management 9, no. 3 (September 2007): 201–13. http://dx.doi.org/10.1350/ijps.2007.9.3.201.
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Recent history shows that a significant number of citizens, internationally, are now seeking litigation against police agencies when law enforcement officers violate their civil rights. Often the events that precede complaints occur due to poor policy, training and early warning by law enforcement agencies. Hence, this study analysed past policies and training procedures that were in effect for the San Francisco, California Police Department (SFPD) during 1998, to determine if there was any liability of risk following evidence of officer misconduct. Mixed methodology, using a descriptive quantitative approach and based on a historical design, was used to determine whether or not the SFPD had appropriate policies, training, and control measures in place to minimise potential citizen complaints against officers that could have led to misconduct allegations and, ultimately, civil litigation. Results showed that SFPD policies, recruit and in-service training and early warning system measures resulted in a lower number of substantiated complaints of officer misconduct based upon clear policy, appropriate training, and deployed early warning system measures. Consequently, the findings suggested that the SFPD created a lower liability profile in respect to random versus non-random risks required in court to explain a department's position relative to their risk management of officer misconduct.
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Kinnaird, Brian A. "Exploring Liability Profiles: A Proximate Cause Analysis of Police Misconduct: Part I." International Journal of Police Science & Management 9, no. 2 (June 2007): 135–44. http://dx.doi.org/10.1350/ijps.2007.9.2.135.
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Barfield, Woodrow. "Liability for Autonomous and Artificially Intelligent Robots." Paladyn, Journal of Behavioral Robotics 9, no. 1 (August 1, 2018): 193–203. http://dx.doi.org/10.1515/pjbr-2018-0018.
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Abstract In the backdrop of increasingly intelligent machines, important issues of law have been raised by the use of robots that operate autonomous from human supervisory control. In particular, when systems operating with autonomous robot’s damage property or injure humans, it may be difficult to determinewho’s at fault and therefore liable under current legal schemes. This paper reviews product liability and negligence tort law which may be used to allocate liability for robots that damage property or cause injury. Further, the paper concludes with a discussion of different approaches to allocating liability in an age of increasingly intelligent and autonomous robots directed by sophisticated algorithms, analytical, and computational techniques
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Navas, Susana. "Producer Liability for AI-Based Technologies in the European Union." International Law Research 9, no. 1 (August 24, 2020): 77. http://dx.doi.org/10.5539/ilr.v9n1p77.
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The manufacturer's liability for defective products has remained almost unmodified since 1985 when Directive 85/374/EEC (=PLD) was enacted. Perhaps new technology based on artificial intelligence (=AI) could bring about a turning point in the regulation if concepts such as "product" and "defect" or aspects such as "grounds of liability", the so-called "development risks defense", and the "solidarity" are reconsidered. The Group of Experts on Liability and New Technologies (=NTF), in its “Liability for AI and other emerging digital technologies” Report, recommends, inter alia, the regulation of two different civil liability regimes: strict liability and fault-based liability. Thus, it will be necessary to determine precisely the cases to which these regimes apply and how to deal with “uncertain causation”. The alleviation of the victim’s burden of proof should be considered. From the various documents being published, it appears that the producer’s strict liability will remain as the main liability rule, but it will be combined -as the NFT suggests- in the case of the breach of a duty of care with a fault-based liability rule. This approach leaves some open questions, i.e., how to properly combine both grounds of liability in the domain of products that cause damages. In my view, the liability regime suggested by the NTF is far more complicated that the regime which distinguishes three types of defects that are often stressed: the defect of design, the defect of manufacturing, and the defect of information.
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Caron, Tim G. "Kelly v. Gwinnell: Social Host Liability—How Great a Burden?" American Journal of Law & Medicine 11, no. 2 (1985): 229–49. http://dx.doi.org/10.1017/s0098858800008698.
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AbstractIn 1984, the New Jersey Supreme Court became the first high court to impose liability successfully upon social hosts for the torts of their intoxicated adult guests. The wisdom or folly of that decision, and its social ramifications, have become subjects of widespread discussion. This Case Comment argues that social host liability, in its present form, is an unwise extension of common law principles. Through an examination of the elements of the cause of action proposed, the standards of proof employed, and the public policies weighed by the court, this Comment concludes that social host liability is ill-adapted to furthering the court’s stated goal of reducing drunken driving.
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Lekso Todua, Lekso Todua. "Taxpayers' Rights and Their Protection Mechanisms." Economics 105, no. 4-5 (May 8, 2022): 101–9. http://dx.doi.org/10.36962/ecs105/4-5/2022-101.
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The constitution is a main source of taxation law. Constitutional provisions determine financial-legal policy of the country, including tax policy regulation principles. In their turn, taxes are the important tools of financial-legal policy pursued by the state. Fulfillment of liabilities related to repayment of taxes by physical and legal entities established by the Constitution secures national budget formation at all levels. That is why the liability established by the Constitution is of special, public-law importance that is predetermined by a public-law nature of the governmental authority. The tax payer has to fulfill all liabilities obliged to him/her related to repayment of taxes, otherwise, the other persons’ rights, as well as state interests will be violated that will be displayed in delayed execution of all functions and tasks assigned in accordance with the law. Tax liability is a variety of administrative liability. As is known, the liability for violation of law is imposed to a person committing an act. Recognition of the law violator’s heritor as the legal successor in relation to the law infringement, and imposition of a penalty for violation of law to the deceased person’s heritor contravenes the fundamental principle – unacceptability of liability without the blame for law violation and elimination of assignment of liability for the other person’s act. Proceeding from this fact, inheritance of the deceased person's blame is unacceptable. The penalty is not a part of inheritance, so its attribution to the heritor is unacceptable. According to 453rd article of the Civil Code of Georgia, the debtor’s death causes termination of obligations if their execution without his/her personal participation is impossible. Proceeding from the content of this article, in general, the debtor’s death doesn’t cause termination of obligation, and liability is extinguished only when the execution of obligations is impossible without personal engagement of the debtor. Keywords: norms, liability, law, constitution, tax.
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Wilson, Sylia, Stephen M. Malone, Ruskin H. Hunt, Kathleen M. Thomas, and William G. Iacono. "Problematic alcohol use and hippocampal volume in a female sample: disentangling cause from consequence using a co-twin control study design." Psychological Medicine 48, no. 10 (November 7, 2017): 1673–84. http://dx.doi.org/10.1017/s0033291717003166.
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AbstractBackgroundAlthough there is extensive evidence that problematic alcohol use is associated with smaller hippocampal volume, the typical cross-sectional study design cannot determine whether hippocampal deviations reflect pre-existing liability toward problematic alcohol use or instead reflect an alcohol exposure-related effect. We used the co-twin control study design, which capitalizes upon differences within a twin pair in levels of drinking, to differentiate pre-existing liability from an effect of alcohol exposure.MethodsThe sample included 100 female twins, prospectively assessed from ages 11 to 24. Problematic alcohol use was assessed dimensionally and included indicators of quantity, frequency, and density of alcohol use and intoxication. Hippocampal volume was assessed using magnetic resonance imaging.ResultsProblematic alcohol use (proximal and cumulative) was associated with significantly smaller left and right hippocampal volume. Follow-up co-twin control analyses that partitioned individual-level alcohol effects into pre-existing, familial liability and non-shared alcohol exposure-related effects indicated that this association reflected alcohol exposure. Greater alcohol using twins had smaller hippocampal volume relative to lesser alcohol using co-twins, beyond effects of their shared genetic and environmental liability toward problematic alcohol use. Results held accounting for recent alcohol use, other substance use, externalizing and internalizing psychopathology, personality traits, trauma exposure, and menstrual phase.ConclusionsThe association between problematic alcohol use and smaller hippocampal volume likely reflects an alcohol exposure-related effect. Differentiating pre-existing brain deviations that confer risk for problematic alcohol use from those that reflect effects of alcohol on the brain will inform etiological models of addiction and further prevention and intervention efforts.
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Feris, L. "Risk Management And Liability For EnvironmentalL Harm Caused By GMOS – The South African Regulatory Framework." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 9, no. 1 (July 10, 2017): 47. http://dx.doi.org/10.17159/1727-3781/2006/v9i1a2810.
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Biotechnology is still relatively new and as with any new technology, it carries some level of risk. This necessitates appropriate risk assessments and appropriate risk management. One element of risk management however, is taking into account that during the production, development, transport or release of a GMO it may cause injury to person, property or the environment, regardless of risk management procedures. This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for damage to the environment. It discusses the GMO Act as the principle legislation regulation GMOs and also the recent amendment thereof and also consider other legislation such as the ECA, NEMA and NEMA Biodiversity Act in an attempt to determine whether the regulatory framework addresses risk management and liability in an effective and adequate manner. It comes to the conclusion that South Africa does not as yet have a satisfactory legal regime that provides for risk management and liability in the context of GMOs.
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Borecki, Paweł. "Odpowiedzialność kościelnych osób prawnych za czyny pedofilskie duchownego – wyrok na miarę precedensu. Uwagi w sprawie wyroku Sądu Najwyższego z dnia 31 marca 2020 r., sygn. II CSK 124/19." Studia Prawa Publicznego, no. 3 (31) (October 15, 2020): 33–52. http://dx.doi.org/10.14746/spp.2020.3.31.2.
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The judgment of March 31, 2020, file ref. II CSK 124/19, has great social and legal significance. It is the first Supreme Court ruling concerning the civil liability of church legal entities for pedophilic acts committed by a clergyman. The Supreme Court shared the view of the Court of Appeal accepting the liability of church legal persons in the light of all the facts of the case of Art. 430 of the Civil Code (culpability in supervision). However, it convincingly distanced itself from the position of the District Court (court of first instance) that liability under Art. 429 of the Civil Code (culpability in choice) should be taken into consideration. In the justification of the judgment, the Supreme Court conducted a thorough analysis of the premises for the civil liability of church legal persons for the activities of a religious person subordinate to them. In particular, it stated that if the perpetrator acts for personal gain and the performance of the official activity enables him to cause damage, the superior cannot effectively raise the objection that the subordinate caused said damage only in the performance of the entrusted tasks. Thus, the Supreme Court upheld the interpretation of Art. 430 of the Civil Code, assuming the liability of legal persons for damage caused by a subordinate. It distinctly applied this liability to church legal entities. When appointing the adjudication panel of the Supreme Court, impartiality was preserved. On the other hand, doubts are raised regarding the Court’s neutrality in terms of world-view in some parts of its judgment justification. The judgment of March 31, 2020 must be assessed as brave and just. It has the chance to set the course of judicial decisions in matters of the liability of religious legal persons for pedophilic acts committed by clergy acting under their supervision. The justification of the judgment is understandably critical towards the perpetrator and church legal persons superior to him, and also sometimes towards the provisions of the Code of Canon Law. It should be emphasized, however, that the judgment is not an “indictment” against the Catholic Church as such, and even less so against religion.
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Bakhtiyari, Reza, and Alireza Amini. "Features of Oppression and Wastage Resulting in Liability in the Law and Jurisprudence." Journal of Politics and Law 9, no. 6 (July 31, 2016): 188. http://dx.doi.org/10.5539/jpl.v9n6p188.
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<p>The subject of oppression and wastage and liability arising from it, involve a significant part of the relationship between human beings with each other and the relationship between natural and legal persons. This has long been the most important issues and has been subjected to human, and in Islamic jurisprudence considered as the cause and contraption of liability; such a way that sometimes acceptance actions (oppression) and sometimes deprivation actions (wastage) caused harm to others. In law and religion, the rule of acceptance and denial actions has been explicitly stated. However, there are some cases as well which no special rule has been stated for them but in majority cases, omission or doing an action to stave off the losses from other is necessary. So it is necessary the aspects related to this topic to be explained properly. Hence, this question arises, what are the features of oppression and wastage led to liability in jurisprudence and consequently the rights derived from it?</p><p>Although in the case law according to the rule of Estimate (asking for something on loan), the liability of the authorized person in possession of the property has been removed despite the oppression and wastage the trustee is considered traitors and bondsman. In fulfillment of oppression and wastage and the liability resulted from that insight and intention of authorized person has no interfered and effect and oppression and wastage are the bases of liability and civil responsibility. Of achievements of this study which has been done descriptive-analytic is introduction and explanation of proper criteria for identifying oppression and wastage in cases where in the law and the jurisprudence have not been mentioned.</p>
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Lim, Setiadi Alim. "Deferred Tax Asset And Deferred Tax Liability : Studi Eksistensinya Ditinjau Dari Sudut Teori Akuntansi." BIP's JURNAL BISNIS PERSPEKTIF 2, no. 1 (January 29, 2010): 25–42. http://dx.doi.org/10.37477/bip.v2i1.277.
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Book income is got from financial statement which is made based on financial accounting standard and taxable income is got from financial statement which is made based on income tax act. Because there are fundamental dffirences used for calculating and arranging, so book income will be different from taxable income. One of the elements which cause these differences is time differences or temporary differences. This time differences can or can't be recorded and presented in a financial statement as deferred tax (interperiod tax allocation or no interperiod tax allocation). There are three methods which can be used to record and report deferred tax: deferred method, asset/liability method and net-of-tax method. Besides to cover time defferences, deferred tax can also be used to record net operating loss (NOL). Each method will use separate account to record deferred tax. From three methods interperiod tax allocation, only asset/liability method which fulfills the presented deferred tax criteria to asset and liability definitions. Deferred tax asset and deferred tax liability which rise from interperiod tax allocation asset/liability method conceptually fulfills asset and liability criteria, so that its existence in balance sheet is strong. Meanwhile, deferred tax asset which comes from NOL carryback and NOL carryforward don't fulfill the asset criteria.
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Rutkow, Lainie, and Stephen P. Teret. "Limited Liability and the Public's Health." Journal of Law, Medicine & Ethics 35, no. 4 (2007): 599–608. http://dx.doi.org/10.1111/j.1748-720x.2007.00183.x.
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Corporations, through their products and behaviors, exert a strong effect on the wellbeing of populations. Public health practitioners and academics have long recognized the harms associated with some corporations’ products. For example, firearms are associated with approximately 30,000 deaths in the United States each year1 and over 200,000 deaths globally. Motor vehicles are associated with about 40,000 deaths in the United States each year and over 1.2 million deaths globally. Tobacco products kill about 438,000 people each year in the United States5 and about 4.9 million people worldwide. In addition to producing unsafe or harmful products, some corporations behave in ways that negatively impact the public’s health, such as marketing alcohol to youth and other vulnerable populations. Given these observations, one can conclude that it is possible to quantify the public health impact of individual industries, such as firearms, motor vehicles, tobacco, and alcohol. Health professionals can then target these individual industries to prevent or lessen the harms they cause.
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Bridgeman, Jo, and Michael A. Jones. "Harassing conduct and outrageous acts: a cause of action for intentionally inflicted mental distress?" Legal Studies 14, no. 2 (July 1994): 180–205. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00498.x.
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Over the years, the genius of the common law lay in its ability to adapt old laws to new circumstances, to remake itself in a new image which reflected the concerns and needs of the time. In this century much of our thinking about the law of torts has been shaped by the tort of negligence, which has been the paradigm of adaptability. Although it was Lord Atkin’s speech in Donoghue v Stevenson that provided the central unifying principle for the subsequent development of the tort, it was Lord Macmillan’s famous dictum that the categories of negligence are never closed which provided much of the driving force for those developments. Liability in negligence shifts the focus of the courts’ attention away from the nature of the plaintiffs interest that has been infringed to the nature of the defendant’s conduct. Once attention moved from the deed itself to the manner of its commission, it gradually became possible for the tort of negligence to seep into almost any arena. The opportunities for human error are manifold, and as the old immunities were removed new areas of liability were established.
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Marković, Velisav. "Civil liability for doctors in the face of a professional (medical) error." Halo 194 27, no. 1 (2021): 29–35. http://dx.doi.org/10.5937/halo27-29815.
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Civil liability for healthcare workers and healthcare institutions is one of the most significant problems in Health and Medical Law. The basis of responsibility is always an open question, whether it be medical errors, misinformation or faulty work organization. Aiming to make things clearer for individuals practising medicine, this paper presents the concept of a professional (medical) error, the basis of responsibility for the doctor (medical error, damage to the patient and the cause-and-effect relationship between a medical error and the damage caused) as well as the precise explanation of who has to prove what in possible court proceedings.
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Song, Jung-Eun and 정남순. "Civil Issue of Disinfectant Humidifiers: Product Liability and Proof of Cause-Effect Relationship." Environmental Law and Policy 16, no. ll (February 2016): 1–33. http://dx.doi.org/10.18215/envlp.16..201602.1.
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Hakim, Dani Amran, and Dania Hellin Amrina. "KEWAJIBAN TANGGUNG JAWAB SOSIAL PERUSAHAAN (CORPORATE SOCIAL RESPONSIBILITY) DI INDONESIA: ANTARA LEGAL OBLIGATION ATAU MORAL OBLIGATION." PRANATA HUKUM 14, no. 2 (July 31, 2019): 177–91. http://dx.doi.org/10.36448/pranatahukum.v14i2.79.
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Corporate Social responsibility is the corporate social responsibility of the Community and the environment beyond economic responsibility. Corporate Social Responsibility is initially based on ethical and moral values, i.e. the company is considered unethical when enjoying great gains, while the environment is broken and the community is ignored or harmed by its rights. The implementation of CSR in Indonesia began at the time of Law No. 40 year 2007 about the limited liability company. However, the implementation of the CSR stipulated in Article 74 Act No. 40 year 2007 concerning the limited liability company shall cause inconsistency with the preceding provisions, as stipulated in article 1 Figure 3 of Law No. 40 year 2007 on Limited liability company. This is seen from the difference of basic concept to the social responsibility of the original social responsibility (moral obligation), as stated in article 1 Number 3 UUPT, become legal obligation (legal obligation) in article 74 Law number 40 year 2007 about the limited liability company. In addition, no provisions on sanctions for those who do not implement CSR in Law No. 40 year 2007 about the limited liability company also provide legal uncertainty in the implementation of CSR.
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Hafizh Akram, Muhamad, and Nisriina Primadani Fanaro. "IMPLEMENTASI DOKTRIN BUSINESS JUDGEMENT RULE DI INDONESIA." Ganesha Law Review 1, no. 1 (May 17, 2019): 77–87. http://dx.doi.org/10.23887/glr.v1i1.21.
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The Board of Directors is one of the most important organs in a Limited Liability Company. Management of the Company that carried out by the board of directors includes running business activities, controlling, and making business decisions that have an impact on a Limited Liability Company whether the decision will cause loss or profit. In making business decisions, the Board of Directors must do so in the manner of good faith, carefully, and in accordance with the aims and objectives of the Company's establishment. If the directors already made the decision the correct manner, they cannot be held personally accountable for the decisions they make. That is what a Business judgment rules is, a doctrine that provides protection to directors to not be personally responsible if the business decisions taken cause losses to the company. Relying on a literature study, the business judgment rule is implicitly regulated in article 92 paragraph 1 and 97 paragraph 5 of Law no. 40 of 2007 regarding the Limited Liability Companies, several cases related to the business judgment rule, this article intends to analyze the implementation of the doctrine of the business judgment rule in Indonesia
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McClurg, Leanne. "Liability in oil and gas: what happened in the case of Deepwater Horizon?" APPEA Journal 51, no. 2 (2011): 668. http://dx.doi.org/10.1071/aj10048.
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Disasters such as the explosion of the Deepwater Horizon oil rig and the consequential pollution in the Gulf of Mexico have heightened awareness surrounding liability for such events. It is an opportune time for all companies—whether owners, operators or contractors—to closely examine their contracting regimes to ensure their interests are protected to the maximum extent possible. It is commercial reality in all industries that parties negotiating contracts seek to limit their liability. Unique to the oil and gas industry, contracts for services usually contain reciprocal indemnities, often referred to as knock for knock clauses, where each party is responsible for loss or damage to its own people and property, regardless of the cause. Such clauses have the effect of altering the common law position where liability is usually based on the cause of any loss or damage. In this session the speaker discusses some tips and traps for drafting reciprocal indemnity clauses, and looks at how they have been interpreted by the courts. Consideration is given to how an incident like Deepwater Horizon would be treated if it occurred in Australia and an update on the US Senate Committee’s inquiry into the disaster is provided.
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Helyar, Pamela S. "Products Liability: Meeting Legal Standards for Adequate Instructions." Journal of Technical Writing and Communication 22, no. 2 (April 1992): 125–47. http://dx.doi.org/10.2190/6kca-5d22-00q9-a5fg.
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Products liability law requires manufacturers to supply adequate instructions with products when consumers need them to safely and effectively use the products. This article spells out what the courts say should go into directions and warnings to make them legally adequate. In a nutshell, the courts mandate that instructions contain complete, accurate, and tested directions that consumers can readily notice and follow. Further, instructions must meet government, industry, and company standards. And, for products that can cause harm, the instructions must warn of potential hazards.