Product Liability

Product Liability

This research paper shall examine from a comparative perspective the regime of product liability in Anglophone Cameroon and South Africa. It begins with an overview of product liability and illustrates on the concept. It further highlights the contractual and delictual basis for liability as well as the evolution of the no-fault liability regime and the extent of its application across jurisdictions. Chapter one shall discuss product liability in the English Speaking region of Cameroon where negligence is predominantly used as the basis for liability. Chapter two shall also examine product liability under the Republic of South Africa, where under the current legislation liability is still based on negligence. However a comparative study will be drawn from the test of determination of negligence which differs under Anglophone Cameroon and South Africa. Though at present South Africa utilizes negligence as a basis for liability, a new legislation has been promulgated into law which introduces the no-fault liability regime as the basis for liability as from April 1st 2011. Chapter three shall critically examine the no-fault liability regime or strict liability under Act 68 of 2008,

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Product Liability

Product Liability

Product Liability had long been a fundamental but neglected concept. But lately it has been recognized by various courts and upto such an extent that now product liability cases form a major part of the cases that are disposed daily. It has moved the onus of liability for defected products or services to the manufacturer and the consumer today feels safe. Thanks to Ms. Donoghue for consuming the famous ginger-beer we have the neighbor principle and the manufacturer owing a duty of care towards us in the absence of a contract. This is responsible for The Consumer Protection Act, 1986 and setting up of Consumer Forums at various levels in India. Thus we look at what this concept really is and how it evolved in both, Indian as well as English Law

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Reforming Products Liability

Reforming Products Liability

Reforming Products Liability

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Civil Liability in Criminal Justice,

Civil Liability in Criminal Justice,

Civil Liability in Criminal Justice,

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Liability, position and duties of limited liability company directors

Liability, position and duties of limited liability company directors

The aim of the monograph is to analyse the institutes related to limited liability companies? executive directors in more detail. Namely, the author tries to highlight the selected issues of liability, position and duties of the executive director of a limited liability company. The monograph is devoted to individual duties of the executive director of the limited liability company, the basic theoretical and practical conclusions with reference to related case law, especially Czech and Slovak case law, not forgetting the Anglo-American case law. Author?s monograph is divided into three chapters. Introductory chapter focuses on the position of the executive director of a limited liability company and discusses the disqualifications registry and Slovak case law related to the executive director?s position. The content of the second chapter includes reflections on individual duties of the executive director of the limited liability company as its statutory body. This chapter deals with the doctrine of business judgment rule applied when reviewing compliance with the duties of each director. The final chapter discusses the liability of the executive director.

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State liability in EU and international law

State liability in EU and international law

This research comprises of two parts. The first part analyses the most important issues of the principle of Member State’s liability in damages for the breach of European Union law: legal basis of the principle, requirements for liability and, lastly, recent developments in the case law of the Court of Justice of the European Union. The principle of Member State’s liability in damages and the requirements of liability are being further developed by the Court in its modern jurisprudence. These cases show that the requirements of liability were clarified and the scope of application of the principle of Member State’s liability broadened. The author also examines that the state liability is being recognised both in EU and international law. State responsibility in international law can be understood in a broad sense and a narrow sense. It is emphasized that in a broad sense, state responsibility in international law comprises three institutes: firstly, state responsibility for internationally wrongful acts; secondly, state responsibility for the damage caused by lawful acts.

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Accessories in Private Law

Accessories in Private Law

Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.

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Майкл Соснин Ответственность в международном праве. Presentation & liability concept

Майкл Соснин Ответственность в международном праве. Presentation & liability concept

Presentation & liability concept Когда ко мне приходит клиент за консультацией по международному частному праву, первое и, зачастую, последнее, что его интересует – это вопрос ответственности. Его ответственность и ответственность перед ним. Мой ответ всегда один – надо садиться и разговаривать.

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Long-term Liability for CCS within the Clean Development Mechanism

Long-term Liability for CCS within the Clean Development Mechanism

Recent research has emphasized the importance of carbon dioxide capture and storage (CCS) as a greenhouse gas mitigation option for responding to the risk posed by global warming. When regulating CCS, however, long-term liability has proved to be one of the most difficult aspects to address. This book is concerned with long-term liability for non-permanence for CCS as a Clean Development Mechanism project activity. The purpose of this work is to identify the optimum solution to address this problem. In order to achieve this, CCS is placed in the context of other CDM project activities (Afforestation and Reforestation) which pose analogous non-permanence challenges. The book also examines two different liability regimes: the international regime for oil tankers and the European Union’s CCS legislation. It then proposes a test based on three major principles of international environmental law to measure the appropriateness of different liability schemes before concluding that a transfer of liability to the host country is the optimum way to address liability.

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