Bibliografie tematiche / Torts – ireland

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Letteratura scientifica selezionata sul tema "Torts – ireland"

Autore: Grafiati
Pubblicato: 29 luglio 2024
Ultima modifica: 31 luglio 2024

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Articoli di riviste sul tema "Torts – ireland"

1

Hamill, Sarah E., e Ciara Hackett. "Law of Obligations (North–South Mapping Project)". Irish Studies in International Affairs 34, n. 2 (2023): 439–79. http://dx.doi.org/10.1353/isia.2023.a916345.

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ABSTRACT: In this paper we examine the law of obligations in Ireland and Northern Ireland. Given constraints of space, we focus on post-partition divergences and convergences. Rather than attempt to examine the totality of the law of obligations, we have focused on tort and contract, and in particular examples where divergence and convergence have been driven by case law and by statute. Thus, in tort law, our focus is on one tort based on case law, and one based in statute. Similarly in contract, we focus on three areas where changes have been driven by either statute or judicial reasoning.
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Coxon, Pete. "The late Tertiary landscapes of western Ireland". Irish Geography 38, n. 2 (23 luglio 2014): 111–27. http://dx.doi.org/10.55650/igj.2005.213.

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This paper reviews two regions where the landscape of western Ireland can be partially reconstructed at the close of the Tertiary Period. The preglacial landscape of central western Ireland appears to have been heavily forested with a diverse range of tree types and the bedrock denuded with extensive karstification on limestone and with areas of tors and weathering mantles on the granites. There is also evidence that other clastic and igneous rocks were extensively weathered. Both of the palaeosurfaces described here are believed to be Pliocene in age and are at or near the present land surface. The preservation of such palaeosurfaces is considered in the context of the Tertiary landscape evolution of Ireland.
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3

Quill, Eoin. "Employers’ Liability for Bullying and Harassment". International Journal of Comparative Labour Law and Industrial Relations 21, Issue 4 (1 dicembre 2005): 645–66. http://dx.doi.org/10.54648/ijcl2005030.

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Abstract: This article examines the application of tort principles to the question of an employer?s liability for the psychological effects of bullying and harassment in the workplace in Ireland, comparing the position in the UK. It notes the difference in approach taken in these countries to the duty to avoid negligently inflicted psychiatric harm. It then goes on to examine the limited jurisprudence on intentionally inflicted emotional distress, looking briefly at US jurisprudence in respect of potential development of the law in Ireland and the UK. Finally it examines vicarious liability, including recent Canadian developments, that are proving to be instructive.
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Neil, Ben. "Goal Post Safety - A Case Problem". Journal of Business Case Studies (JBCS) 12, n. 2 (31 marzo 2016): 57–60. http://dx.doi.org/10.19030/jbcs.v12i2.9622.

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This case will provide an excellent test for a student’s basic knowledge of tort actions and various defenses which may be used. The case introduces students to the growing problem of goal post safety. It also highlights the need for more information regarding the use of portable goals.This case is suited to students who need to understand tort actions, its possible defenses and finally soccer goal post safety issues... After reading and discussing the case, students should have a pragmatic understanding of tort actions, their possible defenses and a rationale as to security issues involving movable soccer goal posts.With more than 500,000 soccer goals in the United States, the majority made of metal and weighing 150 – 500 pounds, and with additional goals in the United Kingdom, Ireland and Japan, the potential for catastrophic injuries keeps increasing.
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Finnerty, Aoife. "The Sale of ‘Liquid Gold’ in Ireland: Some Thoughts from Tort Law". European Journal of Health Law 26, n. 1 (15 febbraio 2019): 45–59. http://dx.doi.org/10.1163/15718093-12261411.

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Abstract At present, the sale of human milk in Ireland is completely unregulated. When the transaction concerns tainted breast milk and physical harm subsequently occurs, however, it may still be subject to the law of tort. By selling unsafe milk, a seller may be in breach of their statutory duty under the Liability for Defective Products Act, 1991 and their conduct may amount to negligence under the common law.
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Mulligan, Andrea. "A vindicatory approach to tortious liability for mistakes in assisted human reproduction". Legal Studies 40, n. 1 (14 ottobre 2019): 55–76. http://dx.doi.org/10.1017/lst.2019.19.

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AbstractMistakes in assisted human reproduction procedures such as IVF, egg, sperm and embryo donation are surprisingly common, but tortious liability for such mistakes has not been addressed in the courts of England and Wales, or Ireland. This paper presents an argument in favour of a vindicatory approach to tortious claims arising from mistakes, where the claimants are the parents of the resulting, healthy, child. Drawing on the analogous tort of wrongful pregnancy, the paper provides a vindicatory account of the case of Rees v Darlington Memorial Hospital, and argues that Rees signposts the correct approach for tortious claims arising from mistakes in assisted human reproduction. It is argued that while the law should not compensate ‘loss’ flowing from the birth of a child, parents should be entitled to an award of damages to vindicate their right to reproductive autonomy. The paper explores vindication of the right to reproductive autonomy through the tort of negligence, but argues that vindication may be more effectively achieved through the creation of a separate tort which is actionable per se, strict liability, and expressly focused on vindication rather than compensation.
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O’Callaghan, Elaine. "Surrogacy and public policy". Northern Ireland Legal Quarterly 72, n. 3 (17 dicembre 2021): 588–95. http://dx.doi.org/10.53386/nilq.v72i3.981.

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The Supreme Court in the United Kingdom has held that it is not contrary to public policy to award damages in tort to fund a commercial surrogacy in another jurisdiction where this is lawful. This significant decision, in the case of Whittington Hospital NHS Trust v XX [2020] UKSC 14, will potentially have an impact on the regulation and reform of surrogacy law in the United Kingdom, Ireland and internationally. The judgment delivered by Lady Hale draws attention to multiple inconsistencies in the law, and it highlights, in particular, the need for effective regulation of domestic surrogacy. Legislators face an important and imminent challenge to reconcile the reality of commercial surrogacy with a deficient legal framework. This article seeks to highlight some of the important issues which this case has raised when considering regulation and reform of surrogacy law.
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O'Callaghan, Elaine. "Surrogacy and public policy". Northern Ireland Legal Quarterly 72, AD2 (31 agosto 2021): 29–35. http://dx.doi.org/10.53386/nilq.v72iad2.921.

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Abstract (sommario):
The Supreme Court in the United Kingdom has held that it is not contrary to public policy to award damages in tort to fund a commercial surrogacy in another jurisdiction where this is lawful. This significant decision, in the case of Whittington Hospital NHS Trust v XX [2020] UKSC 14, will potentially have an impact on the regulation and reform of surrogacy law in the United Kingdom, Ireland and internationally. The judgment delivered by Lady Hale draws attention to multiple inconsistencies in the law, and it highlights, in particular, the need for effective regulation of domestic surrogacy. Legislators face an important and imminent challenge to reconcile the reality of commercial surrogacy with a deficient legal framework. This article seeks to highlight some of the important issues which this case has raised when considering regulation and reform of surrogacy law.
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9

Watts, Kim. "Managing Mass Damages Liability via Tort Law and Tort Alternatives, with Ireland as a Case Study". Journal of European Tort Law 11, n. 1 (3 luglio 2020): 57–85. http://dx.doi.org/10.1515/jetl-2020-0134.

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AbstractMass harm events pose liability challenges for public authorities that may be difficult to resolve via tort. A State can use statutory and non-statutory compensation funds to manage and avert its liability to pay damages to individual citizen victims. Compensation funds eliminate or minimise the traditional concept of fault and often replace it with a no-fault structure, ideally enabling swift payment of compensation to individual victims via an administrative scheme. The Irish government has repeatedly used this kind of solution for groups including victims of contaminated blood products, individuals who suffered abuse as children in State-sanctioned institutions, victims of unnecessary obstetric procedures and other public health failings. This approach has been necessary because multi-party actions are generally unavailable in Ireland, and because of entrenched access to justice problems. The evidence of their use reveals a haphazard pattern and inconsistent treatment of victims. Irish funds have aimed to compensate both the pecuniary and non-pecuniary losses of victims, often in a mixed way. The Irish approach is unsatisfactory because of the trend towards low and homogenised levels of compensation, poor procedure and the lack of other realistic redress alternatives. Overall, these compensation funds have been predominantly advantageous for the State from a cost and liability minimisation perspective. The situation could be improved if future compensation funds were properly designed and supervised, supported by appropriate legislation, and cognisant of the surrounding legal landscape and compensation fund jurisprudence from other European jurisdictions.
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Abeyratne, Ruwantissa. "Negligent Entrustment of Leased Aircraft and Crew: Some Legal Issues". Air and Space Law 35, Issue 1 (1 febbraio 2010): 33–44. http://dx.doi.org/10.54648/aila2010003.

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Negligent entrustment is a civil wrong grounding an action in tort law which arises when one party is held liable for negligence because he negligently provided another party with a an object that could cause harm to another and the latter caused injury to a third party with that object. The cause of action most frequently arises where one person allows another to drive his vehicle. Common law countries apply the The Corporate Manslaughter and Corporate Homicide Act of 2007, which provides that an organization is guilty of an offence if the way in which its activities are managed or organized causes a person’s death, and amounts to a gross breach of a relevant duty of care owed by the organization to the deceased. The Act applies inter alia to a corporation. The offence is termed ‘corporate manslaughter’, insofar as it is an offence under the law of England and Wales or Northern Ireland; and ‘corporate homicide’, insofar as it is an offence under the law of Scotland. An organization that is guilty of corporate manslaughter or corporate homicide is liable on conviction to a fine and the offence of corporate homicide is indictable only in the High Court of Justiciary. The Act provides, inter alia, that the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the Organization that were likely to have caused failures in the provision of services by the corporation could be taken into account in determining the culpability of that entity. The possible application of this legislation to air transport is a reality, as exemplified in the Helios trial which opened on 26 February 2009 in Cyprus. The trial pertains to the island’s worst air tragedy, when 121 people perished on a charter plane that slammed into a Greek hillside nearly four years ago. According to reports, at the time of writing, Helios Airways and four airline officials faced charges of manslaughter and reckless endangerment in one of the most complex and high-profile cases in the eastern Mediterranean island’s legal history. Plaintiffs, who are relatives of the dead, have called for criminal action against those deemed responsible when the Helios Airways Boeing 737–300 ran out of oxygen and crashed outside Athens in August 2005. It has also been reported that, although the authorities have not named those to be charged, the accused are known to be officials who held top management positions in the airline at the time of the crash. Against this backdrop, this article analyses the offence of negligent entrustment and draws a link between the offence and the leasing of aircraft and crew.
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Libri sul tema "Torts – ireland"

1

Quill, Eoin. Torts in Ireland. Dublin: Gill & Macmillan, 2014.

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2

McMahon, Bryan M. E. Law of torts. 3a ed. Dublin: Butterworths, 2000.

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McMahon, Bryan M. E. Irish law of torts. 2a ed. Dublin: Butterworth (Ireland), 1990.

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McMahon, Bryan M. E. Irish law of torts. 2a ed. London: Butterworths, 1989.

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5

1965-, Ward Paul, a cura di. Tort law in Ireland. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2015.

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Torts in Ireland. 2a ed. Gill & Macmillan Ltd, 2004.

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7

Torts in Ireland. M.H. Gill & Co. U. C., 2009.

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8

Torts in Ireland. Dublin: Gill & Macmillan, 1999.

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9

Law of Torts. Intersentia Limited, 2000.

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10

Law of Torts. Bloomsbury Publishing Plc, 2013.

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Capitoli di libri sul tema "Torts – ireland"

1

Quill, Eoin. "Ireland". In Tort and Insurance Law, 364–84. Vienna: Springer Vienna, 2009. http://dx.doi.org/10.1007/978-3-211-92798-4_18.

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Quill, Eoin. "Ireland". In European Tort Law 2002, 263–89. Vienna: Springer Vienna, 2003. http://dx.doi.org/10.1007/978-3-7091-6097-8_13.

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Quill, Eoin. "Ireland". In Tort and Insurance Law, 293–334. Vienna: Springer Vienna, 2002. http://dx.doi.org/10.1007/978-3-7091-6120-3_12.

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Quill, Eoin. "Ireland". In Tort and Insurance Law, 245–65. Vienna: Springer Vienna, 2004. http://dx.doi.org/10.1007/978-3-7091-0575-7_12.

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Quill, Eoin. "Ireland". In Tort and Insurance Law, 352–72. Vienna: Springer Vienna, 2008. http://dx.doi.org/10.1007/978-3-211-77992-7_18.

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6

"XIII. Ireland". In European Tort Law 2009, a cura di Helmut Koziol, Barbara C. Steininger, European Centre of Tort and Insuran e Institute for European Tort Law of. Berlin, New York: DE GRUYTER, 2010. http://dx.doi.org/10.1515/9783110246070.313.

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Gallen, James. "O’Keeffe v. Ireland: overview and analysis". In Judges, politics and the Irish Constitution. Manchester University Press, 2017. http://dx.doi.org/10.7228/manchester/9781526114556.003.0006.

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James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.
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Power, Ann. "Suing Health Authorities in Ireland: Recent Legal Developments". In Child Abuse Tort Claims Against Public Bodies, 1–26. Routledge, 2017. http://dx.doi.org/10.4324/9781351161886-1.

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Fortin, Marie-France. "The King Can Do No Wrong’s Travels and Travails Across the Common Law World". In The King Can Do No Wrong, 233–94. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/9780191994487.003.0007.

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Abstract This chapter examines understandings of the king can do no wrong and their evolution in the United States, Ireland, and Australia. The first section of this chapter focusses on how American law retained the feudal element of the king’s immunity from suit while rejecting other understandings of the king can do no wrong. It argues that the American doctrine of sovereign immunity rests on a premise that is most un-English––the sovereign’s status as above the law. The second section recounts how the Republic of Ireland’s courts rejected the king can do no wrong understood as a relic of a feudal monarchical past incompatible with the constitutional commitments of a sovereign, democratic state. The third section analyses understandings of the king can do no wrong in Australia, where legal thinking offers an interesting perspective on the Commonwealth’s capacity to do wrong and its liability for a tort at common law.
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Rapporti di organizzazioni sul tema "Torts – ireland"

1

Bakke, Kristin M., e Kit Rickard. 'Ten pound touts': post-conflict trust and the legacy of counterinsurgency in Northern Ireland. UNU-WIDER, gennaio 2023. http://dx.doi.org/10.35188/unu-wider/2023/326-0.

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