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Published: 30 May 2022
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1

Rodríguez, Adela Serra. Cláusulas abusivas en la contratación: En especial, las cláusulas limitativas de responsabilidad. Pamplona: Aranzadi Editorial, 1996.

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2

Späte, Bernd. Haftpflichtversicherung: Kommentar zu den Allgemeinen Versicherungsbedingungen für die Haftpflichtversicherung (AHB). München: C.H. Beck, 1993.

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3

Zieschang, Claudia. Haftungsfreizeichnung bei Bankgeschäften in den allgemeinen Geschäftsbedingungen der Banken. Köln: C. Zieschang, 2002.

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4

Zur Dogmatik der Kardinalpflichtlehre. Frankfurt am Main: P. Lang, 1990.

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5

Rehm, Rolf Bernd. Bauwesen-Versicherung: Kommentar zu den ABU, Allgemeine Bedingungen für die Bauwesenversicherung von Unternehmerleistungen und zu den ABN, Allgemeine Bedingungen für die Bauwesenversicherung von Gebäudeneubauten durch Auftraggeber. 2nd ed. Wiesbaden: Bauverlag, 1989.

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6

Institute on Continuing Legal Education. (1990 Toronto, Ont.). Business law: "and enforceable in accordance with its terms" : enduring problems in legal opinions. Toronto, Ont: Canadian Bar Association - Ontario, 1990.

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7

Diehl, Per-Ulrich. Die Pflichten des Spediteurs in den Fällen der [Paragraphen] 412, 413 HGB, wenn er dem Vertragsverhältnis die allgemeinen deutschen Spediteurbedingungen zugrunde legt: Unter besonderer Berücksichtigung der Güterversendung mit Kraftfahrzeugen. Hamburg: [s.n.], 1987.

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8

Klopper, H. B. The law of third-party compensation: In terms of the Road Accident Fund Act 56 of 1996. Durban: LexisNexis, 2012.

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9

Hunt, T. C. Bonding and long-term liability for hardrock mining in Wisconsin. Bozeman, MT: Montana State University, Reclamation Research Unit, 1990.

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10

Florida. Legislature. House of Representatives. Select Committee on Liability Insurance for Long Term Care Facilities. Final report: Select Committee on Liability Insurance for Long Term Care Facilities. [Tallahassee]: Select Committee on Liability Insurance for Long Term Care Facilities, 2002.

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11

Massachusetts. Special Commission on Elderly Health Care. Not yet "Beyond chaos and catastrophic costs": Medicaid long term care liability to hit $3 billion. Boston]: The Commission, 1989.

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12

California. Legislature. Senate. Committee on Health and Human Services. Joint informational hearing of the Senate Health and Human Services Committee and Senate Subcommittee on Aging & Long-Term Care: Nursing home closures, bankruptcies and liability insurance : is there a crisis? Sacramento, Calif: Senate Publications, 2002.

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13

Office, General Accounting. Long-term commitments: Improving the budgetary focus on environmental liabilities : report to the chairmain, Committee on the Budget, House of Representatives. Washington, D.C. (441 G Street, NW, Rm 7149, Washington, 20548): United States General Accounting Office, 2003.

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14

Legal implications in long-term care. Albany: Delmar Publishers, 1997.

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15

Walde, Lambert Van der. Wall Street's view of nursing facilities: Investor sentiment is mostly negative due to uncertainties related to government payment and the rising cost of liability insurance. [Baltimore, Maryland]: Centers for Medicare & Medicaid Services, 2003.

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16

Counterparty Risk Management Policy Group report: Hearing before the Subcommittee on Capital Markets, Securities, and Government Sponsored Enterprises of the Committee on Banking and Financial Services, U.S. House of Representatives, One Hundred Sixth Congress, first session, June 24, 1999. Washington: U.S. G.P.O., 1999.

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17

Preventing malpractice in long-term care: Strategies for risk management. New York: Springer Pub. Co., 1987.

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18

Balbin, Sebastián. Régimen de responsabilidad de administradores de clubes de fútbol: Comisión directiva, órgano fiduciario, gerenciadora. Buenos Aires, República Argentina: Ad-Hoc, 2009.

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19

Balbin, Sebastián. Régimen de responsabilidad de administradores de clubes de fútbol: Comisión directiva, órgano fiduciario, gerenciadora. Buenos Aires, República Argentina: Ad-Hoc, 2009.

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20

Care, United States Congress Senate Committee on Finance Subcommittee on Medicare and Long-Term. Medical malpractice liability: Hearing before the Subcommittee on Medicare and Long-Term Care of the Committee on Finance, United States Senate, One Hundred Second Congress, first session, October 18, 1991. Washington: U.S. G.P.O., 1992.

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21

United States. Congress. Senate. Special Committee on Aging. Medical liability in long term care: Is escalating litigation a threat to quality and access? : hearing before the Special Committee on Aging, United States Senate, One Hundred Eighth Congress, second session, Washington, DC, July 15, 2004. Washington: U.S. G.P.O., 2004.

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22

Deventer, Donald R. van. Financial risk analytics: A term structure model approach for banking, insurance and investment management. Chicago, Ill: Irwin Professional Publ., 1997.

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23

United States. Congress. Senate. Special Committee on Aging. Medical liability in long term care: Is escalating litigation a threat to quality and access? : hearing before the Special Committee on Aging, United States Senate, One Hundred Eighth Congress, second session, Washington, DC, July 15, 2004. Washington: U.S. G.P.O., 2004.

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24

Medical liability in long term care: Is escalating litigation a threat to quality and access? : hearing before the Special Committee on Aging, United States Senate, One Hundred Eighth Congress, second session, Washington, DC, July 15, 2004. Washington: U.S. G.P.O., 2004.

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25

United States. Congress. House. Committee on Ways and Means. The environment: Hearings before the Committee on Ways and Means, House of Representatives, One Hundred First Congress, second session, on long-term strategies, for programs and issues within the jurisdiction of the committee, March 6, 7, and 14, 1990. Washington: U.S. G.P.O., 1990.

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26

United States. Government Accountability Office. Environmental liabilities: Long-term fiscal planning hampered by control weaknesses and uncertainties in the federal government's estimates : report to Congressional Requesters. Washington, D.C: U.S. Government Accountability Office, 2006.

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27

Office, General Accounting. Homelessness: Transitional housing shows initial success but long-term effects unknown : report to the chairman, Committee on Governmental Affairs, U.S. Senate. Washington, D.C: U.S. General Accounting Office, 1991.

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28

United States. Congress. Senate. A bill to provide Americans with secure, portable health insurance benefits and greater choice of health insurance plans, and for other purposes. [Washington, D.C.?]: [United States Government Printing Office], 1993.

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29

Our natural resources at risk: The short- and long-term impacts of the Deepwater Horizon oil spill : oversight hearing before the Subcommittee on Insular Affairs, Oceans, and Wildlife of the Committee on Natural Resources, U.S. House of Representatives, One Hundred Eleventh Congress, second session. Washington: U.S. G.P.O., 2010.

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30

Exemption Clauses and Unfair Terms. 2nd ed. Tottel Publishing, 2006.

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31

Adelstein, Richard. Criminal Liability. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190694272.003.0009.

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This chapter distinguishes torts from crimes in terms of the moral costs created by crimes, discusses the nature and incidence of these costs and the problems of assigning liability prices to compensate for them, and describes criminal liability as organized vengeance, a means of inflicting visible, proportioned suffering on offenders as compensation for the moral costs imposed by crimes. The ideas of retribution and deterrence are illustrated in the case of competitive market prices, which also separate efficient from inefficient cost imposition through retribution. Criminal entitlements are defined and distinguished from tortious entitlements, and the differences and connections between tort and criminal liability are explored. In seeking punishment that fits the crime in every case, criminal liability also seeks corrective justice, in this context called proportional punishment, rather than absolute deterrence, and through retributive liability pricing effectively encourages crimes whose value to the perpetrator exceeds the moral costs they impose.
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32

Kuwert, Joachim. Allgemeine Haftpflichtversicherung. Westdeutscher Verlag GmbH, 2013.

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33

Kuwert, Joachim. Allgemeine Haftpflichtversicherung. Gabler Verlag, 1988.

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34

Lloyd, Ian J. 24. Contractual liability for defective software. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787556.003.0024.

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This chapter begins with a discussion of the nature of software defects. It then covers the legal status of software and software contracts; implied terms in software contracts; remedies for breach of the implied terms; the approach adopted by the courts in the limited number of cases which have reached the High Court or Court of Appeal; exclusion or limitation of liability; and the enforceability of shrink-wrap licences.
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35

Kuwert, Joachim. Privat-Haftpflichtversicherung: Leitfaden durch die Besonderen Bedingungen und Risikobeschreibungen. Gabler Verlag, 2012.

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36

Environmental risks and compliance obligations in business transactions: Assessing environmental liabilities and negotiating contract terms to resolve them, as part of mergers, acquisitions, financing, and other business transactions. [Boston]: MCLE, 2004.

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37

Witting, Christian. 8. Defences to negligence. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811169.003.0008.

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This chapter examines several defences in negligence cases, including contributory negligence, voluntary assumption of risk, express exclusion or limitation of liability, and illegality. This chapter explains that the plea of voluntary assumption of risk and the defences of express exclusion of liability and illegality can help the defendant reduce liability or avoid liability altogether. It notes that contributory negligence is by far the most important of these defences in practical terms.
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38

Andrew, Likierman, and Great Britain. Dept. of Trade and Industry., eds. Professional liability: Report of the study teams. [London]: H.M.S.O., 1989.

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39

Soledad Martinez Pería, María, and Sergio L. Schmukler. Understanding the Use of Long-Term Finance in Developing Countries. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198815815.003.0004.

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This chapter reviews recent evidence on the use of long-term finance in developing countries (relative to developed ones) to try to identify where short- and long-term financing occurs, and what role different financial intermediaries and markets play in extending this type of financing. Although banks are the most important providers of credit, they do not seem to offer long-term financing. In fact, loans in developing countries have significantly shorter maturities than those in developed countries. Capital markets have become increasingly sizable since the 1990s and can provide financing at fairly long terms. But just a few large firms use these markets. Only some institutional investors provide funding at long-term maturities. Incentives for asset managers are tilted toward the short term due to constant monitoring. Instead, asset-liability managers have a longer-term horizon, as foreign investors in developing countries do. Governments might help expand long-term financing, although with limited policy tools.
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40

David, Scorey, Geddes Richard, and Harris Chris. Part II The Bermuda Form in Detail, 9 Requirement of Notice of Claim. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198754404.003.0009.

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This chapter discusses policyholder's obligation to provide notice of a claim to the insurer under the Bermuda Form. First, the requirement of written notice is expressly stated to be a condition precedent to any liability on the part of the insurer to provide an indemnity, thereby reflecting the general approach of New York law to the need to provide notice to an insurer. Second, as an ‘occurrence reported’ model of liability insurance, the written notice of a claim fixes the contractual limits, terms, and exclusions that will then apply to the occurrence for which notice has been provided. The central importance of notice to the Bermuda Form is highlighted by the fact that an entire section of Form XL004 is devoted to this topic, namely Article V.
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41

Foster, Charles. Depression and Civil Liability. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198801900.003.0022.

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This chapter discusses the law in England and Wales relating to civil liability where people with depression are parties to litigation. It begins by considering how depression can truncate one’s capacity to conduct litigation. Where it does, and the person consequently ‘lacks capacity to conduct the proceedings’, litigation either for or against the depressed person has to be conducted through a ‘litigation friend’. No step in the litigation can occur unless a litigation friend has been appointed. In the Civil Procedure Rules, the term ‘lacks capacity’ is defined by reference to the Mental Capacity Act 2005. The chapter also examines the relevance of the mental health of parties to the litigation in a wide variety of claims, along with litigation against depressed people or in relation to damage caused by depressed people.
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42

Dyer, Dr Karen. Concentrate Questions and Answers Tort Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198745297.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers' liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.
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43

Walsh, Bruce, and Michael Lynch. Short-term Changes in the Mean: 2. Truncation and Threshold Selection. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198830870.003.0014.

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The selection intensity, the mean change in a trait within a generation expressed in phenotypic standard deviations, provides an important metric for comparing the strength of selection over designs. Further, under truncation selection (only individuals above some threshold leave offspring), the selection intensity is a function of the fraction saved, and hence the breeder's equation is often expressed in terms of the selection intensity. An important special case of truncation selection is a threshold trait, wherein an individual only expresses a particular phenotype when its underlying liability value exceeds some threshold. This chapter examines selection on such traits, and generalizes this binary-trait setting (with binomial residuals) to other classes of discrete traits, wherein some underling linear model (generating the threshold) is this transformed via a generalized linear mixed model into an observed trait value.
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44

Isabel, Zuloaga Rios. Ch.2 Formation and authority of agents, Formation III: Arts 2.1.15–2.1.16—Negotiations, Art.2.1.15. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0031.

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This commentary focuses on Article 2.1.15 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning negotiations in bad faith. Art 2.1.15 establishes liability for pre-contractual conduct in general terms. It stipulates that a party is free to negotiate and is not liable for failure to reach an agreement. However, a party who negotiates or breaks off negotiations in bad faith is liable for the losses caused to the other party. In particular, it is bad faith for a party to enter into or continue negotiations when intending not to reach an agreement with the other party. This commentary also discusses the consequences of failure to observe the principle of good faith and fair dealing, with particular emphasis on damages and the right to request performance of the obligation to negotiate in good faith, along with exclusion or limitation of liability and burden of proof.
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45

French, Derek. 17. Company officers, secretary and auditor. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0017.

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This chapter focuses on company officers (secretaries, auditors and managers), with emphasis on their responsibilities and liabilities under the Companies Act 2006 (CA 2006) and the appropriate sanctions for breach of its requirements. It first considers who, in general terms, is an ‘officer’ or ‘manager’ of a company for the purposes of criminal or fiduciary liability. Then it deals with the appointment and qualifications of secretaries and the appointment and reappointment of auditors. There is discussion of auditors’ remuneration, integrity and independence, the required contents of an auditor’s report and an auditor’s investigative powers. There is analysis of an auditor’s liability in contract and tort for negligence in carrying out the audit and negligent misstatement in an auditor’s report. The chapter cites relevant legislation, including CA 2006 and UK Corporate Governance Code, and considers two particularly significant cases: Caparo Industries plc v Dickman [1990] 2 AC 605 and Stone and Rolls Ltd v Moore Stephens [2009] UKHL 39, [2009] AC 1391.
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46

Roger, Mccormick, and Stears Chris. Part IV Regulatory and Other Developments in the UK 2010‒2016, 16 General Legal and Conduct Risk Implications of the Crises and Regulator-Led Redress. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0017.

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In the post-financial crisis era, conduct regulation has permeated every facet of an institution’s operations. Not only does the legal framework for the delivery of redress impact the legal risk profile of an activity, but the very ‘approach’ of the regulator exacerbates the legal risk inherent in that activity. This issue is of specific relevance in the context of mis-selling cases, as the regulator may direct (or otherwise sponsor or influence) the terms of redress and in ways that may not be perfectly aligned to a strict application of liability under English common law. This chapter first explores post-financial crisis litigation and criminal charges and the influence of government and regulators on the provision of redress. It then analyzes a legal brake on liability — specifically, the impact of contractual estoppel in mis-selling cases. It concludes with a review of the regulatory factors relevant to redress and the leveraging of post-crises sentiment to promote extra-regulatory schemes.
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47

Marson, James, and Katy Ferris. Business Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198766285.001.0001.

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Business Law provides an introduction to the subject. Packed with up-to-date and relevant examples, it demonstrates the real applicability of the law to the business world. The book contains a number of parts. After an introduction about studying the law, the first part covers the English legal system, the constitution, EU law, and human rights. This comprises important issues including statutory interpretation and the legislative process, and court structures. The next part considers contractual obligations. Here terms, contractual capacity, mistake, misrepresentation, duress, contractual terms, regulations, and remedies for breach are included. It continues with tortious liability and describes issues of negligence, nuisance, economic loss, psychiatric injury, and statutory duties. This is followed by an examination of company law. The part that comes next is about employment. Finally, intellectual property issues are considered.
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48

B, Kapp Marshall, ed. Liability issues and risk management in caring for older persons. New York, NY: Springer Publishing Company, 2001.

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49

Charles, Proctor. Part E Guarantees and Security, 26 Guarantees. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199685585.003.0026.

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This chapter provides an overview of the law of guarantees as it applies in a banking context. It discusses the purpose, definition, and characteristics of a guarantee; the formal requirements applicable to the creation of a guarantee; the distinction between a guarantee and an indemnity; the interpretation of, and liability under, a guarantee; the application of legislation on unfair contract terms; the rules applicable to individual and corporate capacity; the duties of the bank to the guarantor; the discharge of the guarantor; certain vitiating factors; termination by the guarantor; and the rights of the guarantor following payment.
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50

Kapp, Marshall B. Forensic Issues in Long-Term Care Psychiatry. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199374656.003.0018.

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This chapter focuses on medical-legal issues that may arise in the context of identifying psychiatric needs and providing psychiatric care for older persons in long-term care institutional settings, specifically residents of nursing facilities and assisted living facilities. Following general observations about the present regulatory climate in the United States governing nursing facilities and assisted living facilities, the chapter explores mental health assessment requirements for residents of those venues. Key legal responsibilities and restrictions regarding the psychiatric treatment of those residents are then discussed, as well as several areas of concern about potential exposure to litigation and liability on the part of long-term care providers. Finally, some of the most salient future legal and policy challenges confronting those who plan, fund, provide, and evaluate long-term care institutional psychiatric services are noted.
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