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Author: Benedict Winiger
Publisher: Walter de Gruyter
ISBN: 3110248492
Category : Law
Languages : en
Pages : 1218
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Book Description
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
Author: Benedict Winiger
Publisher: Walter de Gruyter
ISBN: 3110248492
Category : Law
Languages : en
Pages : 1218
Get Book Here
Book Description
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
Author: Helmut P. Aust
Publisher: Edward Elgar Publishing
ISBN: 1839108347
Category : Law
Languages : en
Pages : 296
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Book Description
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Eric Dezenhall
Publisher: Easton Studio Press, LLC
ISBN: 1935212257
Category : Business & Economics
Languages : en
Pages : 257
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Book Description
No one knows this better than Eric Dezenhall and John Weber, who help companies, politicians, and celebrities get out of various kinds of trouble. In this brutally honest and eye-opening guide, they take you behind the scenes of some of the biggest public relations successes—and debacles—of modern business, politics, and entertainment. You’ll discover: • Why the 1982 Tylenol cyanide-poisoning case is always cited as the best model for damage control, when in fact it has no relevance to the typical corporate crisis. • Why Audi never fully recovered from driver accusations of “sudden acceleration”—despite evidence that nothing was wrong with their cars. • What the crises faced by George W. Bush, Jim McGreevey, Sammy Sosa, Lance Armstrong, Martha Stewart, Coca-Cola, and the Catholic Church have in common . . . and what they don’t. This new revised edition includes an additional chapter "Our Permanent Leakocracy" including information about WikiLeaks and what that notorious case means for business.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author:
Publisher:
ISBN:
Category : Civil procedure
Languages : en
Pages :
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Book Description
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Author: Barbara Mitchels
Publisher: SAGE Publications
ISBN: 1848608861
Category : Psychology
Languages : en
Pages : 177
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Book Description
This third book in the authoritative BACP Legal Resources for Counsellors and Psychotherapists series provides a user-friendly guide to the law for all those practising and training in the counselling profession. Barbara Mitchels and Tim Bond make legal issues relevant and bring them alive for the practitioner. Packed with practical examples, this book covers essential areas of law for practitioners including - professional ethics and standards - negligence - contracts and premises - employment and insurance - dealing with legal claims - professional diligence. Other features include a glossary, tables and flowcharts as well as a comprehensive index of resources and organisations for additional information and guidance. This readable book helps practice managers, counsellors and psychotherapists to recognise, understand and address legal issues that may arise in their practice, and assists them in finding any additional resources they may need. Demystifying the law, this book is an authoritative guide for therapists, including those working in private practice, as well as being important reading for all those studying counselling, psychotherapy or clinical psychology.
Author: Daniel P. Ryan
Publisher: iUniverse
ISBN: 0595804705
Category : Law
Languages : en
Pages : 470
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Book Description
Taking an anthropological approach,Essential Principles of Contract and Sales Law in the Northern Pacific highlights how regional customary and traditional law interact with Anglo-American concepts of contract and sales law to produce a unique amalgam of substantive law in this Pacific region. Author and law professor Daniel P. Ryan compiles and discusses the current contract and sales law applicable in the Pacific region, including the Republics of Palau and the Marshall Islands, Hawaii, Guam, Northern Mariana Islands, American Samoa, and the Federated States of Micronesia. Ryan compares and contrasts this regional law to international standards, including the UN Sale of Goods Convention, the UNIDROIT Principles of Contract Law, UNCITRAL Model Law for E-Commerce, the Uniform Commercial Code, the Revised Uniform Commercial Code, and the Restatement (Second) of Contracts. Essential Principles of Contract and Sales Law in the Northern Pacific is essential reading for members of the judiciary, academics, practitioners, students, and businesses within the region and their major trade partners.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1400
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Book Description
Author: Israel Gilead
Publisher: Walter de Gruyter
ISBN: 3110282585
Category : Law
Languages : en
Pages : 396
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Book Description
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.
