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 28 for “"Tort law"”.
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Implications of tort law on professional liability in the design and construction industries
This thesis discusses the application of tort law to the design and construction industries. Basic theories of civil law, negligence, and risk management are explained relative to their influence on professional architectural liability. Theories of negligence are examined and provide the foundation …
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From Economic Analysis of Tort Law to Contributory Copyright Infringement and the Substantial Non-infringing Uses
… assessing the existence of a fault-based tort. Guided by the economic analysis of tort law, the determination of tort generally centers on the Hand formula, PL > B. Thus, this thesis employs the theoretical framework of the Hand formula to elucidate contributory copyright infringement. …
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Deliktų teisės harmonizavimas: tendencijos, perspektyvos ir problemos /
Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different …
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Rape and the Civil Law: An Alternative Route to Justice
… paid to the problem of rape and how the law and legal system should address it. And yet, in spite of significant legislative changes and political goodwill, attrition rates remain high and conviction rates low. In light of this, this thesis will explore the civil law, and in particular …
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Vahingonkorvausoikeuden periaatteet
… and justify the general principles of Finnish tort law. In the second place, the study aims at specifying what kinds of argument are relevant in supporting a claim that a certain principle should be recognized as a legal principle. In the study, legal principles are understood as general and …
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The efficiency of professional malpractice laws under asymmetric information
… malpractice is currently treated as a tort in the U.S. Court system. However, cases of professional malpractice differ from other torts since they generally occur between parties with a pre-existing relationship. Such a pre-existing relationship allows for the possibility of contracts …
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Netiesioginės darbdavio atsakomybės taikymo problemos /
… of this doctrine in legal theory and case-law, creates the need to provide a detailed analysis. Despite the fact that indirect liability of employer is characterized by specific features, it is a part of tort law system as well. So the study firstly examines the main aspects of tort law. …
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Grynai ekonominių nuostolių (pure economic loss) atlyginimas: lyginamieji aspektai /
… to different legal families and inherit distinct tort law traditions. In most of the countries pure economic loss define economic nature loss of third parties that are experienced in the case of the tort of other persons. The objective of investigation is to evaluate legal rationality of each …
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Intelligenza Artificiale e responsabilità civile. Un'indagine sui criteri di imputazione fra tradizione e innovazione.
… Intelligence (AI) poses new challenges for tort law. The ability of AI systems to learn and evolve from their initial programming is capable of generating significant regulatory gaps that law is called upon to address. On the one hand, there is no ex ante safety discipline related to the …
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Liability for Negligent Healthcare Clinical Risk Management in the United States and Germany
… liability for negligent CRM under existing tort law; however, there is no corresponding discussion in the American legal literature. This dissertation fills that gap with a comparative analysis of medical negligence law in the U.S. and Germany through the international lens of modern medical …
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Non-pecuniary loss in commercial contracts with special emphasis on the United Nations Convention on Contracts for the International Sale of Goods (CISG)
… discussed and broadly accepted in the field of tort law, it has remained rather unnoticed in writings concerned with contract law. The question shall be examined in this thesis with regard to different countries and with particular emphasis on the United Nations Convention on Contracts for the …
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Problems of tort litigation as a means of patient and consumer protection in health care systems
The U.S. health care system relies on tort litigation as a means of protecting patients and consumers from medical malpractice. The system of tort litigation has contributed to the U.S. having the highest health care spending per capita of any nation, but it has not resulted in superior quality of …
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Causation in private enforcement of competition law: a comparative analysis of divergent national approaches
Competition law damages actions are often characterised by the uncertainty of the causal connection between the infringement and the harm. The anticompetitive damage consists in a pure economic loss caused by a market distortion. Here, the complexity of the market structures, combined with the …
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Incentives and Institutions: A Comparative Legal and Economic Study of Food Safety
… versus Parliamentary Sovereignty; American Tort Law, Litigiousness and Safety. This is followed by a discussion around three fundamental points: effectiveness and efficiency of the tort liability as a means to ensure safety, the litigative tendencies, and validity of pro-plaintiff …
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Does the law on civil combat immunity strike a justifiable balance between the interests of the state and those of service personnel in the armed forces?
… is, in principle, vicariously liable. The tortious acts or omissions of service personnel may lead to third parties, including fellow members of the armed forces, sustaining physical injury. This thesis will examine the extent to which the civil law holds the MOD, and thus the Crown, …
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Environmental liability, policy and technology in real estate development
… under state cleanup statutes, under state tort law, and under the Federal Resource Conservation and Recovery Act, 42 U.S.C. [paragraph][paragraph]6901 et seq. Historically, this potential liability has had a dampening effect on the willingness of investors to acquire and develop property …
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Equitable Liability and the Rule of Law in China
… have called for establishing the rule of law in China. Many observers have hoped that China would emulate the Western rule of law. If the understanding that government is limited by law is necessary for the Western rule of law, China has had neither practice nor thought of the rule of law …
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Corporate Social Responsibility in Korea : a Legal Perspective
… ubiquity of CSR, however, Korean corporate law remains relatively silent on the issue, omitting to include any explicit provision governing the concept. In response to this lack of legislation, the country's corporate scholars have attempted to introduce American legal theories systems and …
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Kito asmens reikalų tvarkymas be pavedimo /
… is being considered as a matter of procurement laws while in Germany the ex post consent does not change much. The action of one person requires certain grounds to fulfill to be recognized as negotiorum gestio: a) intervener has to act; b) to perform another’s man duty; c) intervener has to …
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An essay on liability insurance and accident compensation and five papers on liability insurance
… and liability rules, especially those of tort law. Here we consider the extent to which the existence or availability of insurance impacts upon judicial and legislative policy, and the extent to which it should properly do so. The essay concludes, in Part 6, with a summary of the issues …
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