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Dissertations / Theses on the topic 'Tortious liability'
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1
McIvor, Claire Marie. "Liability in tort for the acts of third parties : a search for coherence." Thesis, Durham University, 2003. http://etheses.dur.ac.uk/3693/.
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The circumstances in English tort law in which one person may be held non-vicariously liable for the acts of another have been quietly expanding in recent years, to the point where third party liability can now be said to constitute a distinct category of tortuous liability. As an obviously exceptional form of liability, it is subject to special restrictions designed to strictly limit the specific instances in which it will be recognised. Unfortunately, however, the exact substance and scope of these restrictions are far from clear, for there has been a systematic failure on the part of the courts in deciding third-party liability actions to articulate with any precision the grounds upon which their findings have been based. As a result, the law on third party tort liability has developed on an ad hoc basis and has become confused and incoherent. The specific purpose of this thesis is thus to seek out the foundational principles governing the existing categories of liability in tort for the acts of third parties, with a view to identifying a coherent basis upon which such liability can develop in the future.
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Sharma, Sharita. "Tortious liability of government in India: evolution of judicial doctrine and emerging trend." Thesis, University of North Bengal, 2018. http://ir.nbu.ac.in/handle/123456789/2776.
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Rybakas, Aleksandras. "Deliktinės atsakomybės taikymas sutartiniuose santykiuose." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20061216_112735-88460.
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In many cases the breach of contract may give rise to delictual liability since the damaging behaviour can be construed as unlawful, especially when an infringement occurs of the other party’s rights in rem or physical injuries are caused to the contract partner as a result of such a breach of the contractual rules. On the other hand, there is no place for delictual liability if the damage results from a breach of a contractual obligation which is part of the consideration. Examples of the relationship and concurrence of delictual (tort) and contractual liability for the breach of contract, legal aspects of interference problem, peculiarities of tort law and contract law, their specific regimes and the areas of possible overlap are analyzed in this work. The issue under consideration is whether a plaintiff who has a contract with the defendant and who can also establish a tort relationship with the defendant may have a choice of remedies in order to gain some advantages with respect to a burden of proof, degree of fault, availability of exceptions, or length of the respective periods of limitation.
4
Bin, Shabib Rashed Ahmed. "Tortious liability in the Sharia and modern Middle East law with particular reference to UAE law." Thesis, SOAS, University of London, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.414296.
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Hickman, Tom R. "Taking the tortious liability of public bodies into the human rights era : a theoretical and conceptual analysis." Thesis, University of Cambridge, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.423914.
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Butler, D. A. "An evaluation of judicial approaches to determining tortious liability in negligence for psychiatric injury independent of physical injury in Australia and England." Thesis, Queensland University of Technology, 1996. https://eprints.qut.edu.au/35787/1/35787_Digitised%20Thesis.pdf.
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This thesis comprises an evaluation of existing and suggested approaches, and promulgation and defence of a preferred approach, to liability for psychiatric injury (or
'nervous shock') resulting from the unintentional conduct of another and occurring independently of any physical injury to the sufferer. Such a claim was first recognised a
little over one hundred years ago but since that time the precise limits of liability for psychiatric injury has been an issue that has vexed courts in many jurisdictions. Even
today there is no common approach to liability for psychiatric injury in Australia and England. This position is contributed to by the recent divergence in approaches to the determination of the existence of a duty of care in negligence in those countries. The thesis establishes a yardstick which is argued as being reflective of good judicial reasoning, at least as is appropriate to the subject of the enquiry, psychiatric injury. It
then lays a foundation for the evaluation by an historical and analytical analysis of liability for psychiatric injury. The historical trace is set in the context of the development of the elements of the cause of action for negligence, including the recent divergence in approaches to duty, while the comparative analysis embraces decisions in Australia, England, Ireland, Scotland, New Zealand, Canada and the United States. In relation to
the last mentioned, due to the lack of a federal attribute each state jurisdiction determines its own approach to the equivalent of liability for psychiatric injury, and there is no uniformly accepted response. Against this analysis, the thesis juxtaposes a medical perspective of 'nervous shock'. This perspective facilitates an evaluation of the medical legitimacy of past and current approaches and concepts and informs the promulgation of a preferred approach, including a more refined definition of the damage deemed worthy of compensation. The thesis also analyses the policy factors, or considerations of community welfare
external to the interests of the parties to a particular dispute, that have shaped the limits of liability for psychiatric injury, including an assessment of the continued legitimacy of policy factors as measured against the yardstick for good judicial reasoning. It then
proceeds to assess against the yardstick the continued legitimacy of individual concepts which have been promoted as being the appropriate limitations of liability.
The thesis proceeds to critique the current approaches to duty of care in Australia and England, utilising psychiatric injury as a catalyst and evaluating the approaches against the yardstick. A literature review which critiques alternative approaches that have been
suggested then follows. The climax of the thesis is the promulgation of a preferred approach, which draws on the
analysis and evaluation throughout the thesis. This preferred approach advocates a more specific definition of the damage deemed worthy of compensation, an accommodation of an overt identification and assessment of relevant policy considerations, an incremental approach to the establishment of duty of care and greater emphasis upon the other elements of the negligence cause of action. This preferred approach is demonstrated as conforming to the yardstick and is accordingly defended as reflective of good judicial reasoning.
7
Lu, Chang. "A comparative study of liability arising from the carriage of dangerous goods between Chinese and English Law." Thesis, University of Exeter, 2009. http://hdl.handle.net/10036/111213.
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This thesis is about the rights and liabilities arising under English and Chinese law in respect of the carriage of dangerous cargo. It is noted that the danger in dangerous cargoes was not necessarily something in the goods themselves, but might well lie in the way they were packaged, looked after or transported. Accordingly, the responsibilities and liabilities of the various parties with regards to the carriage of dangerous cargoes are usually intertwined and complex. The purpose of this thesis is to analyse and evaluate the dangerous cargoes liabilities in English and Chinese law, by providing suggestions for existing problems in each country based on three sources: contract, tort and statute. Moreover, the chain of causation and concept of remoteness has particular importance in order to establish liability and decide which type and what amount of damage is recoverable. This thesis compares both countries’ liability regimes and how to secure compensation for its victims, and the restoration of the environment, with reference to the EU Environmental Liability Directive and relevant international conventions. The author draws her final conclusions from four important issues: (1) the meaning of dangerous cargo, the packing and handling; (2) the scheme of liability; (3) the channelling of liability; and (4) the type of recoverable damage.
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GRADILONE, SARA. "PEACEKEEPING E ILLECITI A DANNO DELLE POPOLAZIONI LOCALI: RESPONSABILITÀ E RIMEDI." Doctoral thesis, Università degli Studi di Milano, 2013. http://hdl.handle.net/2434/217170.
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Illicit acts committed against local populations during peacekeeping missions may entail the international responsibility/tortious liability of international organisations and their member States. Since military contingents deployed during peacekeeping missions are State organs placed at the disposal of international organisations, it is very difficult to establish which entity is responsible for the wrongful acts and omissions put in place by peacekeepers. To give an answer to this question, it is necessary to understand the rules concerning attribution of conduct of State organs placed at the disposal of an international organisations. Though considerable work has been done in in this regard, the issue is still debated. Moreover, it is not easy to determine which remedies are available to individuals injured by peacekeeping missions, because of lack of practice and information. The objective of the research activity was, on one side, to get more insight into the meaning of 'effective control' (i.e. the criterion suggested by the United Nations International Law Commission within the Draft articles on responsibility of international organisations to solve the issue of attribution of conduct of peacekeepers) in order to identify its constitutive elements; on the other side, the research was aimed at analyzing existing reparation mechanisms, in order to evaluate their efficiency and their compatibility with the so called equivalent protection theory. In reference to attribution, the study allowed to elaborate a notion of 'effective control' which should be able to attribute the conduct of peacekeepers to the entity that under the specific circumstances of the case presents a factual link with them. For what regards the remedies issue, the research allowed to identify the shortcomings affecting existing mechanisms and to formulate some de lege ferenda proposals to improve their efficiency.
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Helmi, Amr Shoukry. "The enforcement of digital copyright in Egypt : the role and liability of internet service providers." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/12628.
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The thesis examines to what extent copyright holders can enforce the online reproduction and communication rights against online service providers in Egypt. The objective of the thesis is therefore to highlight that the existing Egyptian copyright law 2002/82 is insufficient to impose liability on internet service providers, both substantively and also with regards to enforcement. Various recommendations are thus made to improve the legislative framework in Egypt, all with a view of achieving that a fair balance is struck for all those parties, who/which are involved in digital communications, particularly online end users, so that their rights to online privacy and access to information are preserved. For this purpose, a comparative methodology has been adopted and recourse is made to US and European laws. This comparative approach is further complemented by a critical examination of existing deficiencies within the legislative liability regime for internet service providers in the US and Europe in order to ensure that foreign laws are not merely transplanted, but that the best and most suitable legislative framework is adopted by the Egyptian legislator.
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Ribikauskas, Audronius. "Teisinė atsakomybė etatistinės ir demokratinės teisės sampratų požiūriu." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070121_190404-81974.
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In the paper Legal Liability from the Point of View of Normativist and Democratic Law Concepts concept of liability is briefly described. Social liability and its kinds are analysed. Legal liability is distinguished like a separate kind from the social liability, featuring a unique obligatory legal definition sign. Its application is assured by the state. Kinds of legal liability analysed: positive and tortious (negative) legal liability. Basis for occurrence of legal liability are described. Dependence of the legal liability upon the legal system of a state is described in the paper. In the non-democratic states, where the laws become a tool for the rulers to give law to the masses, other kinds of social liability, e.g. moral liability, contradict with the legal liability. All kinds of the social liability, except the legal liability, feature no forced measures applicable upon the violator. It is stressed that the non-democratic legal systems fail to accept the positive legal liability. Unsuccessful efforts of the Soviet law theoreticians to introduce the concept of positive legal liability into the law science are mentioned. Tortious legal liability is a sequel and guarantee of the positive liability. Therefore it is the secondary and the positive liability is the primary (main) form of the legal liability. It becomes especially vivid in the democratic society, when its right ceases being repressive and implementation of the positive law is first of all assured by the... [to full text]
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Abi, Saad Nehmetallah. "L'obligation d'impartialité de l'arbitre : un principe unitaire dégagé par le commerce international." Thesis, Paris 2, 2019. http://www.theses.fr/2019PA020029.
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L'arbitrage est un mode de justice privée utilisé fréquemment, en matière de commerce international, pour le règlement des conflits. Son avantage repose principalement sur la rapidité de la procédure ainsi que sur la liberté des parties de choisir leur propre arbitre. Cependant, le libre choix des arbitres doit obéir à des conditions d'indépendance et d'impartialité imposées, à l'arbitre, par l'autorité chargée de l'organisation de la procédure arbitrale. Ainsi, comprendre l'importance de l'impartialité dans l'arbitrage ne peut se faire sans apprécier les autres notions qui lui sont adjacentes.Dans le but de préserver leur réputation en matière de transparence d'une part et d'assurer le bon fonctionnement de la procédure arbitrale, d'autre part, les centres d'arbitrage ont mis en place des mesures préventives afin de répondre aux attentes des acteurs du commerce international, en matière de traitement équitable. Les caractéristiques de l'obligation d'impartialité ainsi que les moyens adoptés par les différentes institutions pour sécuriser la procédure d'arbitrage feront l'objet de ce travail. Mais, outre les interrogations sur l'efficacité de ces mécanismes, l'étude du régime de la responsabilité de l'arbitre en cas d'un défaut d'impartialité, allant jusqu'à la responsabilité pénale, soulève un intérêt essentiel qui fera, de même, l'objet de notre analyse. Cependant, la responsabilité de l'arbitre ne peut être appréciée qu'à partir des deux fonctions inhérentes à la mission de l'arbitre : la fonction juridictionnelle et la fonction contractuelleArbitration is a private and alternative dispute resolution method (ADR) which that has continually been gaining in terms of importance in the global business environment. The main advantage of such a mechanism is the flexibility and the privilege of the parties to choose their own arbitrator. However, the freedom of choice of arbitrators implies the adherence to a few principles, related mainly to the duties of independence and impartiality of the arbitrator, which are imposed, by the administering body in charge of overseeing the arbitral procedure. Therefore, it is important to examine the impartiality of the arbitrator in order to understand its significance.For the sake of their reputation on one hand, and to ensure that the arbitral process is properly operating on the other, the arbitral institutions put in place preventive measures to secure a fair treatment for the international trade community in accordance with their expectations. The characteristics of the duty of impartiality and the means adopted by arbitral institutions to secure the arbitral process will be the subject of this study. Furthermore, despite the questions raised related to the effectiveness of these means, the liability of arbitrators in the absence of impartiality and the criminal sanctions resulting from the arbitrator's behavior should also be analyzed. However, the liability of the arbitrator shall only be assessed while taking into account the duality of his function on both the jurisdictional and contractual levels
12
Lagoutte, Julien. "Les conditions de la responsabilité en droit privé : éléments pour une théorie générale de la responsabilité juridique." Thesis, Bordeaux 4, 2012. http://www.theses.fr/2012BOR40032.
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Alors que l’on enseigne classiquement la distinction radicale du droit pénal et de la responsabilité civile, une étude approfondie du droit positif révèle une tendance générale et profonde à la confusion des deux disciplines. Face à ce paradoxe, le juriste s’interroge : comment articuler le droit civil et le droit pénal de la responsabilité ? Pour y répondre, cette thèse suggère d’abandonner l’approche traditionnelle de la matière, consistant à la tenir pour une simple catégorie de classement des différentes branches, civile et pénale, du droit de la responsabilité. La responsabilité juridique est présentée comme une institution autonome et générale organisant la réaction du système à la perturbation anormale de l’équilibre social. Quant au droit de la responsabilité civile et au droit criminel, ils ne sont plus conçus que comme les applications techniques de cette institution en droit positif.Sur le fondement de cette approche renouvelée et par le prisme de l’étude des conditions de la responsabilité en droit privé, la thèse propose un ordonnancement technique et rationnel du droit pénal et de la responsabilité civile susceptible de fournir les principes directeurs d’une véritable théorie générale de la responsabilité juridique. En tant qu’institution générale, celle-ci engendre à la fois un concept de responsabilité, composé des exigences de dégradation d’un intérêt juridiquement protégé, d’anormalité et de causalité juridique et qui fonde la convergence du droit pénal et du droit civil, et un système de responsabilité, qui en commande les divergences et pousse le premier vers la protection de l’intérêt général et le second vers celle des victimesWhile the radical distinction between criminal law and civil liability is classically taught, a thorough survey of positive law reveals a general and profound trend towards a confusion of these two disciplines. Faced with this paradox, the jurist wonders : how to articulate the civil and criminal laws of responsibility ? To answer this question, the thesis suggests abandoning the traditional approach of the subject, which consists in treating it as a mere category of classification of the different branches, civil and criminal, of responsibility/liability. Legal responsibility is presented as an autonomous and general institution organizing the response from the system to abnormal disturbance of social equilibrium. Civil liability law and criminal law are, as far as they are concerned, henceforth conceived as the mere technical applications of this institution in positive law.On the basis of this new approach and through the prism of the study of liability conditions in private law, the thesis proposes a technical and rational organization of criminal law and civil liability that may provide the guiding principles of a real general theory of legal responsibility. As a general institution, it gives not only a concept of responsibility, requiring degradation of a legally protected interest, abnormality and legal causation, and establishing the convergence of criminal law and civil law, but also a system of responsibility, determining the divergences of them and steering the first towards the protection of general interest and the second towards the protection of victims
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Wu, Peishan, and 吳沛珊. "A Study of Employer's Tortious Liability." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/09098240524729566919.
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碩士國立臺北大學
法律學系一般生組
101
The purpose of this study is to discuss the application of Employer's Tortious Liability in Article 188 of Civil Code in practice. In regards to constitutive requirements, there is likely a gray zone in terms of determining the establishment of employer-employee relationship and the scope of employment. Whether the stable case judgments made in the past domestically is still suitable for the modern society is concerned, given the fact of the advanced commercial activities, technologies and techniques of rapid improvement, and the complication of social interaction. It is worthy to explore the contradiction that the court gives different judgments to the cases based on the same type of fact. The employer exercise retribution to employees provided in Article 188 of the Civil Code, Section 3, focuses on the debate that whether to limit the employer's claim to make fairness between the parties. Limit or not involving Employer's Tortious Liability causes depends on what theory and feature is adopted. Therefore, it is necessary to understand the theoretical basis of Employer's Tortious Liability, sort out the development and observation of comparative law, and analyze the trend of insights of restrict the employer’s retribution in practice. The major resources of this paper are the books of scholars, periodical papers, master papers, and judicial judgments from local and foreign countries, supplemented with foreign legislations, judicial judgments as the foundations of comparative laws. There are five chapters in this paper. The first chapter is the preface. The second chapter introduces foundation of Employer's Tortious Liability, referring to the theoretical basis and feature of Employer's Tortious Liability. The third chapter expands on constitutive requirements and legal effect of Employer's Tortious Liability. The fourth chapter studies some domestic cases to observe and analyze the application of Employer's Tortious Liability through classifying the different type of cases. The final chapter produces a conclusion.
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Fan, Chih-Ta, and 范智達. "A Study on the Socialization of Tortious Liability." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/13743307966686149496.
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Wu, Cheng Hsiung, and 吳政雄. "Reserch on Employer，s Tortious Liability of Dispatched Employment." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/83961004708429264436.
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WEI, CHI-CHENG, and 魏啓證. "A Study on Tortious Liability of Dangerous Activities of Enterprise." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/24050444917898459799.
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Tsai, Pei-Ling, and 蔡佩玲. "The study of the Medical Liability in Taiwan & China –a comparative Legal Study Perspective with Focus on Tortious Liability." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/14645370545518701757.
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碩士國立雲林科技大學
科技法律研究所
100
In July 1st, 2010, Chinese government promulgated the "Tort Liability Law of People''s Republic of China". The Chapter VII of the Tort Liability Law is the new regulation concerning compensation of medical liability. Comparing with the past "Medical Treatment Regulations", the Chapter VII has established sound legal system of medical liability with the following characteristics: first of all, it provides the unification of the law by resolving the problems of verifying medical incidents as well as applicable law; secondly, it reverses the burden of proof which is a breakthrough of dealing medical incidents and lastly, it equalizes the interests between the patient and the medical treatment. This paper mainly lies in as a framework for integration based on the existing systems of the Taiwanese tort law of medical liability and Chinese tort law of medical liability including compensations and damages. The 1st chapter is about the motivation, methods, purpose of the study and etc. The 2nd chapter is the analysis based on specific characteristics of medical disputes in Mainland China and an overview of legislation regarding compensation of medical liability. Also, it has the expositions concerning the principles of medical liability, the elements of liability of medical malpractice in tort law, the burden of proof and etc. The 3rd chapter is an overview of Mainland China’s medical tort law. It begins with the discussions of medical liability and the liability formation. It carries on talking about the obligation of medical notification, the rights of informed consent and legal liability. Also, it has the analysis of medical malpractice, the fault determination and the exemption of tot liability as well as about how to determine it. In addition, it talks about the medical records produced by the medical facilities, the records keeping, patient’s privacy, patient’s rights of consent and excessive medical tort liability. Moreover, there are discussions about liability determination concerning damages incurred by the patients resulting from the medical devices, that is, related legal liability imposed on the patients due to their violation of legitimate rights of medical treatment. In the end, it analyzes the scope of remedy for medical malpractice damages and calculating standard of compensation. The 4th chapter is of Taiwan''s legal system of compensation for the medical malpractice damages and medical disputes discussions. It discusses firstly about the classification and characteristics of medical practices and medical relationship which provides an observation on Taiwan''s attribution principle of medical malpractice and compensation models for damages, and also about the causes, methods, and the range of the compensation. The final chapter focuses on comparative assessment research between the cross-strait regarding current health care system of tort liability and damages, and it provides recommendations of improvement to be as future references for proposed amendments and legislation of Taiwan''s medical tort laws and regulations; in order to create a good environment for medical treatment, and improve easing the doctor-patient tensions.
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Flídr, Jan. "Deliktní odpovědnost člena statutárního orgánu obchodní korporace vůči třetím osobám." Doctoral thesis, 2020. http://www.nusl.cz/ntk/nusl-438303.
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The dissertation addresses liability borne by members of statutory bodies (directors) for damage caused to third parties (parties not involved in the relevant corporation) where the director commits a tort in discharge of his/her tasks for the corporation, as stipulated under the general provisions of tort law. The dissertation is structured into an introduction, four chapters and a conclusion. The first chapter outlines the foundations for the analysis of directors' liability for torts. In the second chapter, the author tackles the topic of liability that directors bear under civil law for any tortious acts they commit, concluding that directors are liable to compensate any damage caused by a tort committed by them while acting for the relevant corporation. The director's personal liability vis-à-vis the aggrieved party for any tort committed is not prejudiced by the fact that the director committed the tort while performing his/her tasks; this circumstance only means that the tort will be attributed to the legal person, which then is liable for the tort together with the director. The author primarily argues here that the principles governing legal representation are not applicable to torts committed by directors, and the legal consequences of the tort thus cannot be attributed solely to the legal person...