نتایج جستجو برای: confusion of legal doctrine on civil liability
تعداد نتایج: 21945608 فیلتر نتایج به سال:
The liability of Member States for damages caused by the issuance a judicial decision in breach EU law has been shaped jurisprudence CJEU, as mechanism to ensure effective legal protection citizens. Its primary purpose is that situation where court State causes damage citizen violating laws its ruling, remedy obtain compensation such violation. Based on principle procedural autonomy States, cla...
Introduction: Comics are also creations that equally important in the copyright protection system. This is because importance of protecting comics not only related to development human culture and civilization, as well supporting economic progress, but can stimulate creativi ty creators with existence a comic law.Purposes Research: Focuses on legal responsibility for published without permissio...
Many scholars believe that notions of fault should and do pervade contract doctrine. Notwithstanding the normative and positive arguments in favor of a fault-based analysis of particular contract doctrines, I argue that contract liability is strict liability at its core. This core regime is based on two key prongs: (1) the promisor is liable to the promisee for breach, and that liability is una...
This article focuses on the issue of data governance in connected vehicles. Firstly, basic notions autonomous vehicles are analyzed, and a legal framework is introduced. The European Union aims to create cooperative, connected, automated mobility based cooperation different inter-connected types machinery. essence system flow vehicles, represents one heavily discussed themes doctrine. Therefore...
Abstract: This article aims to find out how the hospitals’s legal responsibility for negligence of medical personnel in health services and hospital services.Hospital is a care institution that organizes individual plenary provides inpatient, outpatient, emergency services.Article 46 law Number 44 2009 concerning hospitals explicitly stipulates must be legally responsible losses caused by worke...
BUMC PROCEEDINGS 2003;16:359–361 Over the past 13 years, one constant in the field of health care liability claims has been litigation over medical devices and products. The 1990s began with the silicone gel breast implant litigation. The balance of the 1990s was devoted to litigation on Norplant and the diet drug combination fenfluramine-phentermine (fen-phen); these cases are still ongoing. T...
Many psychiatrists believe that there is little or no liability associated with conducting examinations at the request of a third party or with providing testimony in civil litigation. Case law has demonstrated otherwise. Psychiatrists conducting independent medical examinations (IMEs) may be vulnerable to tort lawsuits by either the evaluee or the third party who commissions the IME. In additi...
Efficiency considerations have played an increasing role in the development of legal doctrine over the last decades. Our paper investigates the consequences of the efficiency doctrine for the long run allocation of human resources between the legal profession and other professional activities. It is argued that a short run pursuit of the efficient scope of legislation may create an inefficient ...
Charitable Hospitals' Liability for Negligence: Abrogation of the Medical-administrative Distinction
DELIMITING the extent of a hospital's liability for the negligent acts of its doctors, nurses, and employees has, during the past half-century, proven to be a particularly perplexing judicial problem.' Principles based upon variant reasoning and indicating no small degree of confusion have been propounded, reflecting two largely incompatible influences: the theory that a charity should be favor...
Whether you are an aficionado or completely uninitiated, everyone has an opinion on bull-fighting. The bull-fighter is in constant risk of injury. A medical team made up of surgeons, anesthetists, emergency physicians and nurses remains present throughout the show. For the anaesthetist and surgeon, a wounded bullfighter is an emergency because the vital and functional prognosis are engaged. The...
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