نتایج جستجو برای: common law
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when the victim contributes to the damage, the apportionment of liability is necessary, and the amount of compensation awarded to the victim should be reduced. also, when more than one person injures someone, the liability must be divided between them. but the problem is that how to apportion liability? should the liability be apportioned equally or different? and if the latter is true, how the...
Henry’s law and the Henry’s constant are widely used in chemical and environmental engineering. Unfortunately, many people do not appreciate that the Henry’s “constant” is not a true constant, but instead has a significant non-linear temperature dependence. Ignoring this temperature dependence can lead to serious inaccuracies. This article discusses the temperature dependence of the Henry’s con...
An account of legal change in a common law system is developed. Legal 1 change takes place incrementally through court decisions that are constrained by 2 previous decisions in other courts. The assumption is that a court’s decision has to 3 be consistent with the rules set out in earlier court decisions. However, the court is 4 allowed to make add new distinctions and therefore make a differen...
The purpose of this paper is to advance our formal understanding of the common law, especially the nature of the reasoning involved, but also its point, or justification. As so often in discussions of the modern common law, I will concentrate on the doctrine of precedent, according to which decisions by earlier courts constrain decisions by later courts, while still allowing these later courts ...
The environmental law as it is known today is an amalgamation of common law and statutory principles. 1 Even before specific laws came into force, there were certain common law remedies against pollution. Common law is the body of customary law of England based upon judicial decisions and is embodied in the reports of decided cases. Common law had been administered by the common law courts of E...
Federal regulations governing human subjects research do not address key questions raised by incidental neuroimaging findings, including the scope of a researcher's disclosure with respect to the possibility of incidental findings and the question whether a researcher has an affirmative legal cuty to seek, detect, and report incidental findings. The scope of researcher duties may, however, be m...
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