sometimes, following of islamic law, there is a liability of paternal relatives, relatives and public treasury that some of the jurists say that this liability is a against of personal liability and therefore they oppose or limit this liability. but the analysis of this liability shows that this liability is a tort. in the other hand, in some of the countries the vicarious liability is a princi...

This Article seeks to explore previously unexamined differences between the negligence and strict liability rules and thereby examine whether medical liability reform is required. The main thesis is that negligence as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism, and is more efficient for several reasons related to the lega...

The literature on interlinkage is inconclusive regarding the strict superiority of this arrangement. We analyze a landlord and a moneylender as two players making non-cooperative decisions regarding the terms of their respective contracts with a tenant. In the sequential game where the landlord moves first and the tenant has limited liability, we demonstrate that there exist circumstances in wh...

In three recent cases, hereinafter referred to as the driving cases, the courts have taken up the issue of whether a psychotherapist should be held liable for negligent diagnosis and treatment and failure to warn third parties of a patient's potential danger to others in the operation of an automobile. These cases will be discussed as (1) an extension of the Tarasoff decision, which established...

Law enforcement on cases of environmental pollution and/or destruction is very difficult to implement in Indonesia. One the contributing factors normalization principle strict liability which not firm and has a limited scope. This study aims analyze legal issues regarding UUPPLH its application law destruction. research uses normative juridical research. The results show that UUCK deviated from...