Essential Cases On Damage

Author : Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann
Publisher : Walter de Gruyter
Page : 1218 pages
File Size : 47,6 Mb
Release : 2011-11-30
Category : Law
ISBN : 9783110248494

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Essential Cases on Damage by Benedict Winiger,Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann Pdf

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,Ernst Karner,Ken Oliphant
Publisher : Walter de Gruyter GmbH & Co KG
Page : 1308 pages
File Size : 46,6 Mb
Release : 2018-01-22
Category : Law
ISBN : 9783110535679

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Essential Cases on Misconduct by Benedict Winiger,Ernst Karner,Ken Oliphant Pdf

The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. 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 modern model rules.

Author : Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann
Publisher : Unknown
Page : 1175 pages
File Size : 43,7 Mb
Release : 2011
Category : Electronic
ISBN : 3110248484

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Digest of European Tort Law by Helmut Koziol,Bernhard A. Koch,Reinhard Zimmermann Pdf

Author : Ralph Stanley Bauer
Publisher : Forgotten Books
Page : 526 pages
File Size : 45,9 Mb
Release : 2017-09-12
Category : Law
ISBN : 1528150953

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Essentials to the Law of Damages (Classic Reprint) by Ralph Stanley Bauer Pdf

Excerpt from Essentials to the Law of Damages Today, as is well known, the situation is altogether dif ferent. In contract, and as to pecuniary elements of dam age in-tort, the court can, and does, exercise rather a close control over the amount of damages; but, as to non-pecuniary elements of damage in torts, the jury may exercise a discretion of considerable breadth, for it is, as to such elements, exceedingly difficult, in most cases, to say that a verdict is excessive or inadequate, and it is altogether impossible to lay down practically complete general rules as in contract. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Alan Ingelson
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2019
Category : Environmental law
ISBN : 1552389855

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Environment in the Courtroom by Alan Ingelson Pdf

"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.

Author : Daniel P. Ryan
Publisher : iUniverse
Page : 470 pages
File Size : 53,8 Mb
Release : 2005-08-23
Category : Law
ISBN : 9780595804702

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Essential Principles of Contract and Sales Law in the Northern Pacific by Daniel P. Ryan Pdf

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 : Israel Gilead,Michael D. Green,Bernhard A. Koch
Publisher : Walter de Gruyter
Page : 396 pages
File Size : 53,7 Mb
Release : 2013-10-14
Category : Law
ISBN : 9783110282580

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Proportional Liability: Analytical and Comparative Perspectives by Israel Gilead,Michael D. Green,Bernhard A. Koch Pdf

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.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Manish Kumar Varshney
Publisher : JP Medical Ltd
Page : 981 pages
File Size : 43,9 Mb
Release : 2016-01-31
Category : Medical
ISBN : 9789352501755

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Essential Orthopedics: Principles and Practice 2 Volumes by Manish Kumar Varshney Pdf

Essential Orthopedics: Principles & Practice is an extensive, illustrated guide to the field of orthopaedics. Principles and practice for shoulder, hip, spine, hand, foot and ankle are covered, including anatomy, physiology, pathology and diseases. Essential Orthopedics: Principles & Practice includes all modern research methodologies, such as biostatistics, advanced imaging and gene therapy. Enhanced by 2000 full colour illustrations this is a comprehensive resource for all interns, residents and orthopaedic surgeons.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 40,9 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

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 : Cisco Networking Academy
Publisher : Cisco Press
Page : 928 pages
File Size : 46,8 Mb
Release : 2016-10-28
Category : Computers
ISBN : 9780134510057

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IT Essentials Companion Guide by Cisco Networking Academy Pdf

IT Essentials v6 Companion Guide supports the Cisco Networking Academy IT Essentials version 6 course. The course is designed for Cisco Networking Academy students who want to pursue careers in IT and learn how computers work, how to assemble computers, and how to safely and securely troubleshoot hardware and software issues. As CompTIA Approved Quality Content, the course also helps you prepare for the CompTIA A+ certification exams 220-901 and 220-902. Students must pass both exams to earn the CompTIA A+ certification. The features of the Companion Guide are designed to help you study and succeed in this course: Chapter objectives–Review core concepts by answering the focus questions listed at the beginning of each chapter. Key terms–Refer to the updated lists of networking vocabulary introduced, and turn to the highlighted terms in context. Course section numbering–Follow along with the course heading numbers to easily jump online to complete labs, activities, and quizzes referred to within the text. Check Your Understanding Questions and Answer Key–Evaluate your readiness with the updated end-of-chapter questions that match the style of questions you see on the online course quizzes. This icon in the Companion Guide indicates when there is a hands-on Lab to do. All the Labs from the course are compiled and published in the separate book, IT Essentials v6 Lab Manual. Practicing and performing all these tasks will reinforce the concepts and help you become a successful PC technician.

Author : Robert Campbell
Publisher : Unknown
Page : 850 pages
File Size : 41,5 Mb
Release : 1898
Category : Annotations and citations (Law)
ISBN : STANFORD:36105062841981

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Ruling Cases by Robert Campbell Pdf

Author : Connecticut. Supreme Court,Connecticut. Supreme Court of Errors
Publisher : Unknown
Page : 830 pages
File Size : 55,6 Mb
Release : 1898
Category : Law reports, digests, etc
ISBN : UOM:35112103103513

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Reports of Cases Argued and Determined in the Supreme Court of Errors of the State of Connecticut by Connecticut. Supreme Court,Connecticut. Supreme Court of Errors Pdf

Author : Reinhard Mechler,Laurens M. Bouwer,Thomas Schinko,Swenja Surminski,JoAnne Linnerooth-Bayer
Publisher : Springer
Page : 557 pages
File Size : 43,6 Mb
Release : 2018-11-28
Category : Science
ISBN : 9783319720265

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Loss and Damage from Climate Change by Reinhard Mechler,Laurens M. Bouwer,Thomas Schinko,Swenja Surminski,JoAnne Linnerooth-Bayer Pdf

This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.

Author : Andrew Roy KC,Nina Ross
Publisher : Bloomsbury Publishing
Page : 1202 pages
File Size : 47,5 Mb
Release : 2020-03-04
Category : Law
ISBN : 9781526508614

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Personal Injury Limitation Law by Andrew Roy KC,Nina Ross Pdf

How can you avoid the common pitfalls when navigating the complexities of personal injury limitation periods? This is a guide to the law of limitation periods in personal injury actions. Pitfalls and problems are highlighted and the limitation periods and service rules are clearly explained, ensuring that you never issue or serve proceedings outside the legal time limits. Each chapter is supplemented by summaries of the key cases for that topic and Part 2 contains all the relevant legislation. New coverage includes landmark cases, explaining and analysing their impact on practice: - Collins v Secretary of State for Business, Innovation and Skills (Court of Appeal, 2014) – an asbestos-related lung cancer case of 'seminal importance in relation to long tail industrial disease claims' - Platt v BRB (Residuary) Ltd (Court of Appeal, 2014) – examination of constructive knowledge in the context of limitation in disease cases - RE v GE (2015) – consideration of the court's discretion, conferred by section 33 of the Limitation Act 1980 in the context of a sexual abuse case - Abela v Baadarani (Supreme Court, 2013) – highlights an important shift of emphasis away from the traditional approach to service out of the jurisdiction and considerations of national sovereignty, and towards a more practical and pragmatic approach - Barton v Wright Hassall (Supreme Court, 2018) – a crucial judgment regarding whether litigants in person should be granted a special status in civil litigation