Non-Contractual Liability Arising out of Damage Caused to Another under the DCFR

Legal Status of Pre-Contractual Liability

The discussion about the person's liability for the actions attributable to him before the stage of contracting is a new debate that has been attracted the attention of legal circles. According to this debate, the person’s freedom of contracting does not implement the person’s freedom to ignore the rights and interest of other party. As a result, it would be possible that contracting person con...

Contractual revisions to medical malpractice liability.

In the past, courts have struck down or severely limited attempts by health care providers to use written contracts to reduce their liability for negligence, deeming such agreements to be contrary to public policy.' The basic reason is that courts have not traditionally viewed the relationship of patient and health care provider as a contractual one, freely entered by both parties. Rather, phys...

Meaning of Fault with regard to Liability for Damage Caused by the Unlawful Action of Another Person

a comparative study on the ways of compensation in non-contractual civil liability

ways of compensation in civil liability, which are the ways taken by the aggressor to execute his obligations, are determined based on civil liability purposes. these purposes include: perfect compensation, consent of the aggrieved party, and restoration of his previous status (restitution in integrum). given that the originality of these purposes is different in legal systems, the ways to prov...

Avoiding contractual liability to baseball players who have used performance enhancing drugs: can we knock it out of the park?

In 2007, Alex Rodriguez signed a $275 million, ten-year contract with the New York Yankees, setting the record at the time for largest sports contract in history.1 Since then, he has faced many allegations of performance enhancing drug (―PED‖) use, one of which he confirmed through a public admission.2 Regardless of these allegations and admissions, Rodriguez continues to reap the benefits of h...