Dr. Wallace Gulia was born in Paola on the 4th of March 1926. In 1945, he took his first degrees from University, the B.Sc; and Ph.C., finishing first in order of merit. In 1947, he obtained, through a correspondence course the Diploma in Public Administration (London). He obtained his B.A. from the Royal University of Malta in 1949, again finishing up first in order of merit. In 1952, he graduated as a lawyer. ; N/A
The study dealt with the negligent civil liability in electronic transactions that carry a criminal description, as it concluded that the legislator has criminalized it based on the principle of legality, as they are actions that people make in a digital environment and harm others without constituting information crimes, meaning that they may be pure civil errors without That a legislative text introduces it into the circle of criminalization and punishment, which necessitates an attempt to adapt the various legal acts and actions in the digital environment and project them to the concepts mentioned by the civil law within the framework of civil responsibility to acknowledge the person's civil liability represented in the error that must be proven to avoid failure in the face of technological developments in order not to transform Without exercising the civil liability system for its basic function, which is based on compensation to the person for the harm he inflicts on electronic transactions, taking into account the nature of the digital environment and its privacy in the context of digital transactions.
The method used in this research is the method of normative legal research with the type of data in the form of primary legal materials consist of the Warsaw Convention of 1929, Law No. 15 of 1992 on Aviation. Act No. 1 of 2009 on Aviation, Government Regulation No. 40 of 1995, the Regulation of the Minister of Transport of the Republic of Indonesia Number 77 Year 2011 on Liability Carrier Air Transport. Secondary law material in this study in the form of expert opinions aviation law, whereas non-legal material is in the form of Indonesian Dictionary, Dictionary of Aviation. Legal materials collection techniques done by literature search. Results of this study found that the terms of the start of the air carrier liability in respect of damage suffered by passengers are starting to an agreement between the air transport with the passenger aircraft with a printed ticket that contains the names of passengers, departure airport, destination airport, flight times, fares paid by passengers.
The method used in this research is the method of normative legal research with the type of data in the form of primary legal materials consist of the Warsaw Convention of 1929, Law No. 15 of 1992 on Aviation. Act No. 1 of 2009 on Aviation, Government Regulation No. 40 of 1995, the Regulation of the Minister of Transport of the Republic of Indonesia Number 77 Year 2011 on Liability Carrier Air Transport. Secondary law material in this study in the form of expert opinions aviation law, whereas non-legal material is in the form of Indonesian Dictionary, Dictionary of Aviation. Legal materials collection techniques done by literature search. Results of this study found that the terms of the start of the air carrier liability in respect of damage suffered by passengers are starting to an agreement between the air transport with the passenger aircraft with a printed ticket that contains the names of passengers, departure airport, destination airport, flight times, fares paid by passengers.
The law of product liability has been created by state judges and legislatures. Although not widely noticed, this tradition changed when Congress enacted the General Aviation Revitalization Act of 1994. That legislation established an eighteen-year statute of repose for claims brought by non-commercial passengers injured or killed in accidents involving light aircraft. Until that time, product liability law had been exclusively a function of state law. Nevertheless, product liability reform legislation has been the subject of extensive examination and scrutiny by Members of the United States Congress for one and a half decades. This Article analyzes the constitutional underpinnings for federal product liability reform legislation and explains why Congress has the authority under both the Commerce Clause and the Due Process Clause to pass federal product liability legislation. It also explains briefly why federal legislators, who otherwise favor returning power to the individual states, were justified in supporting federal legislation.
Discusses the liability of employers for disciplinary action taken against employees following absences relating to bad weathers, notably pursuant to government or police advice, or because attending the workplace is not physically practical.
Vicarious liability in the franchising context is a fundamental issue, both in the United States and foreign jurisdictions. With no all-encompassing, clear precedent in the United States, other nations' approaches may provide lessons for American lawmakers and the U.S. franchising community. Together, the division between jurisdictions and the absence of uniform standards for imposing vicarious liability on franchisors demonstrate the need for more comprehensible and predictable case law. This need can be met through an examination of European regulations, model laws, and guidelines, as well as the laws in a number of nations worldwide, which indicate a pathway to better franchise agreements and possible governmental mandates (e.g., prominent, required notices about a franchise's business ownership). Franchisors would have in hand the means to determine their risks and plan their behavior, even accounting for the more effective approaches to franchisor vicarious liability that are sometimes found elsewhere in the global franchising community.
The liability of players in their particular sporting fields has increasingly become prevalent in the minds of government, sport administrators, the medical and legal professions and the parents and players themselves. This awareness has arisen for numerous reasons. Due to the enormous volume of sport to which the community is being exposed through the varied levels of the media together with our aspirations towards a healthier lifestyle and longevity, participation in sports has increased. Accordingly, sports injury litigation has increased. A number of other factors may be advanced to explain the increase. Sport has become big business all over the world. A talent for sport may bring the lucky player fame and fortune. It is not surprising therefore, where such ambitions are frustrated by deliberately or carelessly inflicted injury to the player, thought will be given to seeking compensation for that injury in the courts of law. Other factors are that litigation is on the increase as a means of dispute resolution and lawyers see sporting organisations better able to afford compensation to their players because they are more likely to carry insurance.
Circular outlining actions that owners of outdoor recreation enterprises can take to limit liability, and listing New Mexico laws, regulations, licenses, and permits pertaining to outdoor recreation enterprises.
Consumer protection is a social and economicactivity that involves the government and businesses working together to ensure that consumers are satisfied. Even before independence, the rulers of India had consumer protection as one of their obligations. With the passage of the new Consumer Protection Act of 2019, the protection level was raised to the next level. The Act, apart from modifying the concepts of the Act of 1986, has introduced several revolutionary features like the concept of "unfair contract", mediation as method for resolution of consumer disputes, establishment of the central agency called Central Protection Agency with power of investigation and issuance of cease and desist orders, a new chapter on offences and penalties. Each of these topics will require a separate article. In the present article we will attempt to present an overview of the regime on product liability which in our opinion is going to be a game changer. The enactment of the Consumer Protection Act, 2019 has included India in the list of the few countries that have legislation on "Product Liability".
In: Frosio , G 2021 , Intellectual Property Law and Extra-Contractual Liability . in I Calboli & L Montagnani (eds) , Handbook of Intellectual Property Research . Handbook of Intellectual Property Research , Oxford University Press/Hurst , pp. 82-95 . https://doi.org/10.1093/oso/9780198826743.003.0006
This Chapter discusses intellectual property and extra-contractual liability by highlighting general comparative analysis issues within civil and common law systems, with some consideration given also to major theoretical clusters that might influence the different legal regimes. The Chapter focuses on emerging issues of extra-contractual liability for intellectual property infringement in the platform economy, with special emphasis on copyright and trademark infringement, seeking to coordinate miscellaneous approaches from the United States, the European Union and selected European countries' experiences. In doing so, this Chapter highlights research and methodological issues related to limited harmonization at a regional level in secondary and extra-contractual liability doctrines when applied to IP. Finally, this Chapter describes the World Intermediary Liability Maps (WILMap) as an attempt to provide consistency within a fragmented research framework while also presenting other miscellaneous endeavours seeking the same goal.
The internet has transformed the economics of communication, creating a spirited debate as to the proper role of federal, state, and international governments in regulating conduct that relates to or involves the internet. Many have argued that internet communications should be entirely self-regulated – either because they cannot or should not be the subject of government regulation. The advocates of that approach would prefer a no-regulation zone around internet communications, based for the most part on the unexamined view that internet activity is fundamentally different in a way that justifies broad regulatory exemption. At the same time, it is undisputed that some kinds of activity that the internet facilitates violate widely shared norms and legal rules. State legislatures motivated by those concerns have begun to respond with internet-specific laws directed at particular contexts, giving little or no credence to the claims that the internet needs special treatment. This Essay starts from the realist assumption that government regulation of the internet is inevitable. Thus, instead of focusing on the naive question of whether the internet should be regulated, it discusses how to regulate internet-related activity in a way that is consistent with approaches to analogous offline conduct. The Essay also assumes that the most salient characteristic of the internet is that it inserts intermediaries into relationships that could be, and previously would have been, conducted directly in an offline environment. Existing liability schemes generally join traditional fault-based liability rules to broad internet-specific liability exemptions. Those exemptions are supported by the premise that in many cases the conduct of the intermediaries is so wholly passive as to make liability inappropriate. We argue that the pervasive role of intermediaries calls not for a broad scheme of exoneration, premised on passivity, but rather for a more thoughtful development of principles for determining when and how it makes economic sense to allocate responsibility for wrongful conduct to the least cost avoider. Accordingly, in cases in which it is feasible for intermediaries to control the conduct, we recommend a framework that pays serious attention to the possibility of one of a series of three different schemes of intermediary liability. The final Part of the Essay uses that framework to analyze the propriety of intermediary liability for several kinds of internet-related misconduct including internet gambling, child pornography, the sale of counterfeit and contraband on the internet, and security harms.
The offenses typify those socially reprehensible behaviors that are tried to avoid with the threat of suffering a punishment or sanction, that is to say, with the penal legislation. On the other hand, civil infractions tend to be remedied (but not punished) by applying the principle of equivalence, for which the responsible assumes the duty to correct the damage caused. In this paper we focus on the main titles of attribution of civil liability in Spain (guilt and risk), its evolution and the possible application of the Principles of European Tort Law in light of the jurisprudential criteria and standards established by the Supreme Court, especially with respect to the burden of proof. After the correct confrontation between the fault and the risk alludes to the possible civil responsibility derived from damages caused by animals, by things thrown from a home, by the circulation of motorized vehicles, by the exercise of hunting, by air navigation and other damages caused by defective products.