Download or read book Joint and Several Liability written by and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Joint and Several Liability written by Warren Freedman and published by MICHIE. This book was released on 1987 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume includes coverage of settlement practices, indemnification agtreements, comparative negligence theories, uniform laws and the recent movement for tort reform. Chapters are devoted to products liability, medical malpractice, insurance and environmental protection.
Download or read book Liability of Multiple Defendants written by New Zealand. Law Commission and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Joint and Several Liability in EU Competition Law written by Katarzyna Sadrak and published by Cambridge University Press. This book was released on 2022-09-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first comprehensive analysis of contribution claims in EU competition law, a controversial but little studied topic.
Download or read book Unification of Tort Law written by W. V. H. Rogers and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries, Israel, South Africa, and the United States.
Download or read book Joint Obligations written by Glanville Llewelyn Williams and published by . This book was released on 1997 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book discusses a difficult and seriously defective part of the common law. Considering its practical importance, the subject of joint promises has received surprisingly little attention. Noting is commoner than for a contractual promise to be made by more than one party; yet the rules relating to joint promises are accorded little space in the English textbooks on contract, even where they are not entirely ignored. Partial expositions are to be found in works on partnership, bankruptcy, suretyship, negotiable instruments, executors, and procedure, but there is no modern monograph devoted to the subject as a whole. It is hoped that the present work will fill this gap." -- from the author's Preface, p. 3.
Download or read book Allocating Liability Among Multiple Responsible Causes written by Richard W. Wright and published by . This book was released on 2018 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Part II of this paper, I discuss the principles underlying just allocation of liability among the multiple responsible causes of an indivisible injury. I argue that those principles support either (1) the standard method adopted by almost all courts, according to which the plaintiff's claim for compensation is reduced by her percentage of comparative responsibility if she was contributorily negligent, those who wrongfully contributed to the plaintiff's injury are each held fully (solidarily) liable for the plaintiff's possibly reduced claim, and the wrongdoers who pay the plaintiff are able to maintain contribution actions against the other wrongdoers based on their comparative responsibility, or (2) a modification of the standard method which would allow the wrongdoers who pay the plaintiff to have a contributorily negligent plaintiff share in bearing the portion of damages that are uncollectible from other wrongdoers. The various proportionate liability rules adopted by the legislatures in many states (but not the federal government) in the United States and (for injuries other than to the plaintiff's person) by all the Australian states are neither justifiable nor fair.In Part III, I explain and criticize the rhetorical arguments used by the defense advocates to attempt to convince judges (unsuccessfully) and legislators (successfully) that replacing solidary liability with proportionate liability is necessary to be consistent with the common law and allocation of liability consistent with each person's individual responsibility.In Part IV, I describe (1) the primary role played by recurrent cycles of "soft" and "hard" liability insurance markets, made possible by lack of proper regulation of the insurance industry, in creating recurrent liability insurance crises, (2) the successful effort of the insurance industry and other defense interests to portray tort liability rather than the flaws in the liability insurance market as the cause of the recurrent liability insurance crises in order to promote "tort reform" while avoiding needed regulation of the insurance industry, and (3) the recurrent failure of the enacted "tort reforms" to provide the promised reduction or moderation in liability insurance premiums.
Download or read book Multi defendant Settlements written by Lewis A. Kornhauser and published by . This book was released on 1992 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Feasibility Investigation of Joint and Several Liability written by Great Britain. Law Commission. Common Law Team and published by . This book was released on 1996 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Feasibility and Investigation of Joint and Several Liability
Download or read book Joint and Several Liability written by and published by . This book was released on 2013 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liability for Environmental Harm to the Global Commons written by Neil Craik and published by Cambridge University Press. This book was released on 2023-08-31 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines liability for environmental harm in Antarctic, deep seabed, and high seas commons areas, highlighting a unique set of legal questions: Who has standing to claim environmental harms in global commons ecosystems? How should questions of causation and liability be addressed where harm arises from a variety of activities by state and non-state actors? What kinds of harm should be compensable in global commons ecosystems, which are remote and characterized by high levels of scientific uncertainty? How can practical concerns such as ensuring adequate funds for compensation be resolved? This book provides the first in-depth examination and evaluation of current rules and possible avenues for future legal developments in this area of increasing importance for states, international organizations, commercial actors, and legal and governance scholars. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Download or read book Civil liability for damage caused by waste written by Boris Meissner and published by Duncker & Humblot. This book was released on 2021 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of this book is the »Proposal for a Council Directive on Civil Liability for Damage Caused by Waste« which was first presented by the Commission of the European Communities in 1989, then amended in 1991, and which remains under consideration by the Council to this day.The book attempts to look at the Proposal from a comparative point of view, asking what impact the Directive, if implemented as drafted, would have on the law of different Member States of the EC. For this purpose, England (as part of the U. K.) and Germany have been taken as examples. A detailed and comparative outline of the English and German law related to civil liability for waste precedes the examination of the proposed Directive. In this way, the book also contributes to the discussion triggered by the Commission's »Green Paper on Remedying Environmental Damage« of 1993. To the main text of the book, which is written in English, an extensive German summary has been added.Gegenstand dieses Buches ist der von der Kommission der Europäischen Gemeinschaften (jetzt: der Europäischen Union)im Jahre 1989 vorgelegte »Vorschlag für eine Richtlinie des Rates über die zivilrechtliche Haftung für die durch Abfälle verursachten Schäden«, der im Jahre 1991 mit wesentlichen Änderungen versehen wurde und dem Rat nach wie vor zur Prüfung vorliegt.Das Buch beleuchtet den Richtlinienvorschlag rechtsvergleichend, d. h. unter der Fragestellung, wie sich die Richtlinie auf die Rechtslage in verschiedenen Mitgliedsstaaten der EU auswirken würde, wenn sie in ihrer derzeitigen Fassung in Kraft träte. Als Beispiele dienen England (als Teil des Vereinigten Königreiches) und Deutschland. Eine detaillierte und rechtsvergleichende Darstellung des englischen und deutschen Rechts in bezug auf die zivilrechtliche Haftung für Abfälle ist daher der Untersuchung des Richtlinienvorschlages vorangestellt. Auf diese Weise leistet das Buch auch einen Beitrag zu der Diskussion, die das im Jahre 1993 von der Europäischen Kommission vorgelegte »Grünbuch über die Sanierung von Umweltschäden« ausgelöst hat. Dem in englischer Sprache verfaßten Haupttext wurde eine ausführliche deutsche Zusammenfassung beigegeben.
Download or read book Product Liability written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Consumer Protection, and Competitiveness and published by . This book was released on 1988 with total page 674 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Download or read book Joint and Several Liability written by Daniel M. Dunn and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dunn explains that while it would be difficult to identify a topic that sounds more dull than the tax implications of joint and several liability, an exploration of the law in this area quickly reveals some surprisingly interesting issues. Although, according to Dunn, joint and several liability is a common arrangement among taxpayers, much of the law regarding the tax consequences of joint and several liability is either anomalous or nonexistent - and at least one Tax Court case concedes that the state of the law is anomalous. Moreover, Dunn thinks there is very little commentary exploring the possible opportunities and pitfalls surrounding joint and several liability. This report sets forth a discussion of the law that does exist, and explores some of the implications of that law. In particular, it focuses on the treatment of interest deductibility, cancellation of indebtedness, liability shifts and, very briefly, some of the international tax implications of joint and several liability arrangements.
Download or read book Proportional Liability Analytical and Comparative Perspectives written by Israel Gilead and published by Walter de Gruyter. This book was released on 2013-10-14 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
Download or read book Joint and Several Liability as a Way of Allocation of Risk Under written by Anastasiya S. Rodina and published by . This book was released on 2009 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
