Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 21 for “"Strict Liability"”.
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Devising a Legal Framework for Environmental Liability and Regulation for Mitigating Risks of Shale Gas Extraction
… is what it calls: ‘the risk/segment based strict liability rule.’ In addition, ‘self-regulation’ as a complement to command and control environmental regulation. While self-regulation helps to address the problem of information asymmetry that regulation grapple with, the risk based strict …
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A comparative review of German and South African environmental law with special reference to pollution control
… 3 Under the new UmweltHG (Environmental Liability Act) strict liability and a presumption of causality has been introduced in Germany for major installations and activities. In South Africa the burden of proving a causal relationship is always upon the plaintiff; strict liability has only …
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A Theory of Tort Liability for Autonomous-machine-caused Harm
… thesis assesses which tort doctrines—negligence, strict liability or vicarious liability—are most amenable to developing a theory of liability for autonomous-machine-caused harm. To this end, it argues that the doctrine of vicarious liability may be reconceived to hold human or corporate deployers …
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TRUE NORTH STRONG Canada 150: Canadian Identity and its Contribution to Doping Free Sport
… increase its accountability by reconsidering its strict liability clause.
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Investigating mothballed brownfield properties : understanding the causes and potential solutions
… to mothballing include the on-going threat of liability for past disposal practices and land values that are too low to make assessment and cleanup an economically viable option for the disposition of a mothballed brownfield property. Even though federal and state statutes were amended to …
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Tarptautinės transporto teisės šaltinių ypatumai vežėjo civilinės atsakomybės kontekste /
… Transport Law Based on Carrier‘s Civil Liability The subject of study covers peculiarities of sources of international transport law based on carrier’s civil liability. This research relies on the regulation of carrier’s liability in air, rail, sea and air transport. Transport is one of …
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An analysis of the laws affecting North Carolina public school teachers
… dismissal for cause; and the 3. teacher's liability for students. Tort liability included strict liability; the intentional torts of assault and battery, defamation, and false imprisonment; the unintentional tort of negligence and its elements and defenses; educational malpractice; …
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‘Horses for Courses’: An analysis of equine sports regulation and disciplinary procedures regarding the non-human athlete
… rules within the same aim is the concept of strict liability, modified to ‘presumed fault’ and is predicated on the concept of human autonomy. The elite sport horse is now socially constructed as a non-human ‘athlete’, as it is no longer a bulk source of power for industry, agriculture, or …
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An analysis of the laws affecting public school administrators, teachers, service and auxiliary personnel in West Virginia
… school personnel in the employment process, in liability cases arising from tort actions, and in other areas; where legal questions often arise. Federal Constitutional provisions, statutes, and court cases were also considered when of overriding importance or when West Virginia legal references …
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The Penal Code (Amendment) Act, 2005, Does the intention of Parliament Harmonize with the practice of Courts?
… on a twenty four year old defiler of Mazabuka district, by the Livingstone High Court in Southern Province. Generally speaking, child defilement is recognised only when the child is taken away from the parents or guardians by the accused for the purpose of having canal knowledge with the victim. …
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Efficacy of Administrative Monetary Penalties in Compelling Compliance with Federal Agri-Food Statutes
… is provided in Part I, touching briefly on strict liability in regulatory prosecutions. The Part also describes decriminalization, and the developments in Europe, the United States, Australia and Canada that are were ostensibly aimed at decriminalizing less serious regulatory offences. …
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Protecting employees living with HIV/AIDS in the workplace: a comparative study
… of incorporating the doctrine of vicarious liability into the South African legal system more so against the backdrop of existing legislation in the form of Section 35(1) of the Compensation for Occupational Injuries and Diseases Act. Investigations pertaining to the protection of employees …
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Vahingonkorvausoikeuden periaatteet
… gains institutional support mainly from fault liability. 2) The principle of compensation for grave injuries: a natural person suffering grave personal injury is entitled to compensation. The principle does not prefer tort liability to other methods of compensation. Within Finnish tort law the …
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Legal Mechanism for Product Quality Control and Product Liability in People's Republic of China
… product-quality inspection and product liability. During this process, China reformed her system of administrative supervision of product quality, created new criminal responsibilities, and established systems of remedies such as administrative review, administrative litigation, and …
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Die Entwicklung der öffentlich-rechtlichen Gefährdungshaftung in Deutschland
Inhalt der Arbeit ist es, einen Überblick über die historische Entwicklung der öffentlich-rechtlichen Gefährdungshaftung in Deutschland vom 18. Jahrhundert bis heute zu geben sowie ihre praktische Bedeutung zu analysieren. Dabei wird zwischen den unterschiedlichen Gesetzgebungen, Rechtsprechungen …
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Regulatory Frameworks and Evaluation Methodologies for the Licensing of Commercial Fusion Reactors
… of these assessment and development methods is restricted for commercial fusion facilities for a variety of factors including the wide variety of fusion technologies currently under development, the preliminary nature of commercial design efforts, and the limited characterization of commercial …
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Contempt of court in New Zealand
… judice contempt should be treated as a crime of strict liability. The third form of criminal contempt, scandalising a court or judge, is said to be necessary to ensure confidence in the administration of justice. However, there is little evidence that the public perception of the judiciary would …
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Proof beyond a reasonable doubt
… is taken of certain facts or where there is strict liability and it is therefore not necessary to prove the existence of mens rea especially in the form of intention. Although these do not completely dispense with the requirement of proving the guilt of the accused, they result in the …
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An analysis of foreign statutes dealing with environmental liability with a view to the drawing up and promulgating of an environmental liability statute in South Africa to deal with the legal problems of civil liability for environmental damage
This essay concerns civil liability for environmental damage and has as its focus, the drawing up of an Environmental Liability statute for South Africa. The approach taken in the essay is largely a comparative one, with topics being approached first from a general perspective and then with …
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The Grey Zone in Doping
… doping. Doping control generally operates a strict liability principle. In other words, the presence of a banned substance, or its metabolite, in a urine or body fluid constitutes and doping offence. In a refinement of this principle, several substances now have a requirement for laboratories …
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