Form Of Litigation Research Articles

Адміністративний договір в правовій сфері

In this article, we will consider the role and importance of administrative agreements in modern legal practice. The concept of administrative contracts, its main aspects and impact on the relations between state institutions, citizens and enterprises are considered. Special attention is paid to the legal regulation of administrative contracts, their types and the procedure for their conclusion. The article analyzes the role of administrative contracts in ensuring the rights and interests of the parties, as well as in the performance of their public functions. Practical aspects of the use of administrative agreements in various areas of governance are highlighted. This article will help the reader to better understand the essence and significance of administrative agreements in the modern legal environment. In addition, the article discusses the existing aspects of legal regulation of administrative agreements, especially in the context of changes in legal and judicial practice. The author also considers possible problems and prospects for the development of the institution of administrative contracts in the future. Based on the analysis of scientific sources, international experience, regulations and practical experience, the author draws conclusions about the effective use of administrative contracts in the legal field to achieve public goals and protect the interests of all parties to legal relations. Thus, this article will provide a clear overview and analysis of the current state of administrative agreements in the legal field, which will contribute to the further development and improvement of this institution. The analysis of the legal framework governing the conclusion and performance of administrative contracts is carried out with a focus on the key aspects of Ukrainian legislation and international experience. The types of administrative contracts, structures and procedures related to their conclusion, as well as the peculiarities of monitoring their implementation are taken into account. The article also discusses the problems and difficulties that arise in the implementation of administrative contracts in the current environment. In particular, the author examines issues related to the legality and legitimacy of such agreements, the possibility of abuse of power by public authorities, and the protection of the rights and interests of individuals. Particular attention is paid to the comparative analysis of administrative agreements with other forms of litigation, such as administrative and civil law agreements. This makes it possible to determine the features and advantages of administrative agreements in the regulation of social relations. The author also draws conclusions about the need to improve the legal regulation of administrative agreements and develop specific recommendations to improve the efficiency of their application. This article will be useful for lawyers, jurists, law students and anyone interested in administrative law and legal regulation of government activities.

Immigration Law Enforcement Againts Abuse of Visa Residence Permits for Foreign Citizens in Buleleng Regency

This study aims to examine and analyze law enforcement against foreign nationals who violate the immigration rules in Buleleng Regency and the supervision carried out by the Buleleng Regency immigration authorities to prevent misuse of foreign citizens' residence permit visas in Buleleng Regency. This type of research is empirical legal research. The sampling technique used in this study is non-probability sampling with purvosive sampling technique and analyzed using qualitative methods. The results of the study show that Law Enforcement Against Foreign Citizens Violating Immigration Rules in Buleleng Regency, is divided into 2 (two) namely: Immigration Actions in Administrative Forms and Immigration Actions in the Form of Litigation or Judicial Processes. Supervision of the Immigration Office of Buleleng Regency to prevent the Misuse of Foreign Citizens' Residence Permit Visas, includes 2 (two) ways, namely: Administrative Supervision and Field or Operational Supervision.

Assessing the Awareness on Occupational Health Hazards Among Dentists of Different Private Dental Clinics in Dhaka, Bangladesh

To determine if dentists in and around Dhaka are aware of certain workplace hazards and what precautions they take to avoid them. The current study was done with the help of a self-administered questionnaire that was distributed to 30 dentists in and around Dhaka. Personal information such as age, gender, position (student or faculty), years of experience, and number of working hours per day were also included in the questionnaire. Only those who thoroughly filled out the questionnaire form and were willing to participate were considered for the study. PSPP open source latest version was used to analyze the data. 30.0 percent of the participants had worked in the dental field for more than 10 years, while 26.7 percent of dentists worked for less than 8 hours. General practitioners made up 66.7 percent of the participants, and 43.3 percent of them see nearly 10 to 20 patients per day. In clinical practice, 40.0 percent of them had a needle stick injury. In our study, 0.0 percent of dentists reported to getting some form of litigation from their patients. The current study found that the occupational hazards, biological hazards awareness, and preventive actions observed by dentists in Dhaka are generally consistent with published infection control guidelines and previous studies. The bulk of the dental professionals were in pain in their neck or back muscles. Regular training and workshops can aid in the reduction of such issues. Keywords: Dentists, Private Clinics, Health hazards. DOI: 10.7176/JBAH/12-18-02 Publication date: September 30 th 2022

A form of litigation & method of trial in succession in action

소송승계로 인하여 원고, 피고, 참가인간의 3자간의 소송관계가 성립된다. 이때의 소송관계를 어떻게 규율할 것인지가 문제된다. 먼저, 승계사실에 다툼이 있는 경우에는 참가인(참가승계) 혹은 기존당사자(인수승계)가 소송승계를 신청하였지만, 그 실질은 3자간의 다툼이 존재하는 것으로 독립당사자참가소송이 될 것이다. 따라서 이때에는 제79조 2항에 의해 제67조가 준용되고, 이것은 참가승계신청와 인수승계신청이 있는 모두에서 그러하다. 다음으로 승계사실에 다툼이 없는 경우에는 피승계인은 당사자적격의 상실로 소송에서 탈퇴(제82조 3항에 의해 제80조 준용, 명문규정이 없는 참가승계의 경우도 같다)하고, 참가인과 상대방당사자의 단일소송으로 환원하는 것이 일반적이지만, 그 요건인 상대방의 승낙(동의)을 얻지 못하거나 스스로 탈퇴하지 않고 소송에 잔류하게 되는 경우에는 3자간의 소송관계가 유지하게 되고, 이때의 소송관계는 어떻게 규율할 것인지가 문제된다. 종전의 학설과 판례는 통상의 공동소송으로 이해하여 제66조가 준용된다는 것이 일반적이었다. 그러나 2002년의 민사소송법 개정에 의해 예비적 선택적 공동소송과 편면적 독립당사자참가가 허용되면서, 일부 학설은 필수적 공동소송에 관한 특칙(제67조)을 준용하여 합일확정을 도모하여야 한다고 주장하였고, 2019년 전원합의체판결(2012다46170)도, 민사소송법의 명문규정(제81조), 개정법에 따른 다른 다수당사자소송제도(예비적 선택적 공동소송과 독립당사자참가소송)와의 정합성 및 합일확정의 필요성 등을 근거로, 권리승계형 참가승계에 한정하여 제67조를 준용하여야 한다고 하였다. 그러나 판례는 참가승계의 방식에 관한 제81조를 소송규율에까지 확대해석한 것이고, 기존 소송상태를 승계인에게 승계시켜 소송경제를 실현하려는 소송승계와 예비적 선택적 공동소송 및 독립당사자참가소송은 서로 상이한 제도로 서로의 정합성을 이유로 제67조를 준용하는 것은 무리이며, 소송승계에서의 합일확정의 필요성은 필수적 공동소송과 차이가 있어 제67조 준용의 근거가 될 수는 없다고 생각한다. 그리하여 본 논문에서는 소송승계 뒤의 3자간의 소송관계는 통상의 공동소송으로 제66조에 의해 규율되어야 한다고 보았다. 따라서 승계인은 승계시까지의 소송상태를 승계하지만, 그 후에는 공동소송인 독립의 원칙에 따라 자유롭게 소송수행을 할 수 있다. 이것이 처분권주의와 변론주의를 대원칙으로 하는 민사소송의 흐름에도 적합한 것이라 하겠다.

ПРАВОВИЙ АНАЛІЗ ДОГОВОРУ ФРАНЧАЙЗИНГУ В СФЕРІ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ

Introduction. Despite the widespread franchising relations in the world, they still do not have sufficient legal regulation in the national legislation. This can be explained by the fact that franchising in Ukraine began to develop relatively recently, namely with the independence of our country in 1991. The regulatory legal act, which first enshrined the provisions of the franchise agreement, is the Civil Code of Ukraine, but it should be noted that the peculiarity of domestic legal regulation is the use of the category of "commercial concession agreement", which in essence fully corresponds to the franchise agreement. In this context, it is important to conduct a legal analysis of such an agreement and provide proposals for improving the national legislation in the field of regulation of franchising relations. Purpose. The purpose of the study is to conduct a legal analysis and develop proposals for improving the legal regulation of the franchise agreement at the legislative level, taking into account international experience that has already proven its effectiveness and can become the basis for developing amendments to the current legislation of Ukraine. Materials and methods. The materials of the study are: 1) regulatory and legal support of the peculiarities of the legal regulation of the franchise agreement; 2) works of domestic and foreign authors who conduct their scientific and practical research on the subject of the franchise agreement and its components, as well as analysis of proposals for the legal regulation of the franchise agreement. The methodological basis of the work is the following methods: in particular, in the process of studying the subject of the franchise agreement and its components, the methods of analysis and synthesis were used; the method of abstraction and generalization was used in defining the concept and legal nature of the franchise agreement; deduction method - in the development of some proposals for improving the current legislation of Ukraine in the field of legal regulation of the franchise agreement; comparative legal method was used in the process of studying the legal regulation of the franchise agreement in certain countries of the European Union; formal legal method - in the analysis of the norms of current and prospective legislation; system-functional method - in the study of the composition and forms of franchise relations, as well as the structure of the franchise agreement. Results. The process of formation of legal regulation of the franchise agreement in some countries is analyzed. A review of legislative acts was carried out and problems in the legal regulation and definition of the concepts of franchising and commercial concession were identified, and it was noted that differences in the interpretation of concepts in the course of entrepreneurial activity can lead to negative consequences in the form of litigation, loss of status of the organization, reduction of business development efficiency, financial costs, etc. The legal analysis of the transfer of rights under a franchise agreement to a commercial name and trademarks together with commercial information containing information about the experience of the right holder's business activity was carried out. Given the analysis of individual means of individualization of the right holder, attention is drawn to the fact that the individual terms of the commercial concession agreement include the term of its validity. Prospects. Based on the positive experience of the European Union Member States with regard to Ukraine's European integration policy, the author suggests that one of the possible proposals for improving national legislation on the legal regulation of the franchise agreement is the adoption of a separate regulatory act which would enshrine the specifics of legal relations under the commercial concession agreement, as well as revision of the provisions of the Civil and Commercial Codes of Ukraine relating to the legal regulation of pre- contractual liability and disclosure of information about the franchisor's activities. Taking into account Ukraine's choice of the European vector of development, it is proposed to replace the term "commercial concession" with the internationally recognized term "franchising" by amending Chapter 76 of the Civil Code of Ukraine, which, accordingly, should be renamed from "Commercial Concession" to "Franchising". Not only the name of the agreement itself, but also the names of its parties, the right holder and the user, which are currently defined by the current legislation, need to be changed. They should be changed to the franchisor and franchisee respectively, following the example of most foreign countries, including the member states of the European Union.

Преимущества и недостатки цифровизации гражданского, административного и арбитражного процесса

The purpose of this study is to identify positive and negative digital changes that have affected the activities of judges and other persons involved in the case, within the framework of the trial. Research objectives: to study the prerequisites for the emergence of web conferences as a form of litigation; consideration of the main problems that arise in practice in the framework of electronic record keeping and legal proceedings; analysis of positive legislative innovations in the field of digitalization. We use general scientific methods (dialectical, logical, systemic), private scientific methods (historical, statistical, sociological), as well as special legal methods (comparative legal, formal legal). We review the main changes that have appeared in the procedural codes since January 1, 2022. We draw attention to the absence of legislative deadlines for filing a petition to participate in a court session through the use of the web conference system. We make a distinction between web conferencing and video conferencing. We conclude that it is impossible to fully comply with the procedural form within the framework of an online meeting. This is due to the requirements for the procedure for conducting a trial, including in terms of giving evidence and explanations. We note that there is a failure to comply with certain procedural principles in the application of the system of online meetings, namely the principle of publicity, competitiveness and equality of the parties. We indicate the main advantages of digitalization, which include: the emergence of a new way to submit documents through the use of the public services portal, similar opportunities for obtaining final court decisions, as well as electronic notification of the court session date.

ANALYSIS OF AMENDMENTS AND RECOMMENDATIONS OF THE REVISION OF LEGAL ASSISTANCE LAW

The Legal Aid Law was drafted as the legal framework for legal aid for the poor in Indonesia. The provisions of this statutory law have been in place for almost a decade. Even so, there are indications that the implementation of legal aid has not been effective in the field, both as legal aid recipients, legal aid providers, and legal aid administrators. The research problem is how the urgency of changing the Law on Legal Aid for Justice and Equality. Qualitative research methods with a normative juridical approach. The extension of legal protection includes vulnerable and marginalized groups, both witnesses and victims. Harmonization of laws and regulations so as not to cause overlaps in the implementation of legal aid, for example in the position and authority of a legal assistant. The verification period encourages the establishment of a new OBH in the regions. Assistance mechanisms in the form of litigation and non-litigation are not only for the perpetrators but also for the victims, both pre, process and post trial. Government support financing with a special budgeting so that it is transparent and accountable. Keywords: Urgency, Legal Aid, Justice, Equality.

«Асинхронные» судебные процессы как будущая модель международного арбитража

The author examines how the COVID-19 pandemic has impacted international arbitration in terms of the use of new forms of litigation. The article summarizes that parties, lawyers and arbitrators must adapt to the new reality of court hearings caused by travel restrictions and social distancing measures. Attention is drawn to one particularly topical issue: should we completely stop holding hearings directly in the courtroom and switch to a new model of sessions organized remotely through using of modern video conferencing technologies? In addition, this author attempts to develop an analytical framework for remote hearings in international arbitration. In the context of the current pandemic and its possible continuation, the author proposes certain criteria for determining the need for a remote hearing.

Old Wines in New Bottles? Private Securities Litigation in China’s New Securities Law

Private securities litigation has been very weak since the establishment of China’s stock market some 30 years ago. A new law on securities took effect in March 2020 and introduces some reformist changes to this area. This article will examine the likely effect of the new Securities Law on this form of litigation. In particular, it will examine China’s most celebrated ‘quasi-class action’ system, i.e. Special Representative Litigation. This procedure is borrowed from Taiwan’s non-profit organization model. The essay argues that, since the new Securities Law has made only limited efforts in addressing the primary reason for the weak private securities litigation, namely, lack of judicial independence, it is unlikely to make any significant changes to private securities litigation in China.
 Keywords: private securities litigation; securities law; class action; cost of litigation; judicial independence.

Efektivitas Pemberian Bantuan Hukum Struktural dalam Proses Penyelesaian Perkara Pidana Secara Litigasi dan Non-Litigasi

The purpose of this paper is to determine the legal arrangements for providing structural legal aid, what are the forms of litigation and non-litigation resolution, and how the obstacles are faced. The research is descriptive in nature, by describing the state of the subject and object, which can be people or institutions based on existing facts and uses a normative and empirical juridical approach, namely analyzing laws and regulations and conducting interviews with respondents. Data obtained through field research (field research). Based on the results of the research, the arrangements for providing structural legal aid by the Medan legal aid agency are Law No.16 of 2011 concerning legal aid and Government Regulation No. 42 of 2013 as the implementing regulation, and as for internal assistance, namely the standard operating procedures of the legal aid agency itself and other supporting laws. Field legal aid agencies resolve criminal cases in litigation and non-litigation terms. Litigation resolution is the handling of cases through court channels, namely acting as a companion, both in the police, prosecutors, and in court. Meanwhile, non-litigation settlement is the handling of cases outside the court route, namely by conducting legal counseling, legal consultation, mediation, and negotiations, which can be carried out by lawyers, paralegals, lecturers, and law faculty students who have met the requirements that have been set.

Class Actions: Objectives, Experiences and Reforms (Final Report)

In 2017, the Law Commission of Ontario (LCO) initiated an independent study to consider Ontario’s experience with class actions since the enactment of the Class Proceedings Act, 1992 (CPA). During this period, class actions have grown significantly in volume, complexity, and impact in Ontario and across Canada. Class actions also have systemic implications for access to justice, court procedures and efficiency, and government and corporate liability. Finally, this form of litigation has had major financial, policy and even cultural implications across the country. Following an intensive 18-month research project that included over 100 interviews with stakeholders and an empirical examination of Ontario cases, the LCO published its final report, and made over 40 recommendations for amendment and reform of the CPA. It is the first review of the CPA since the Act's inception, and the most detailed examination of class actions in Canada in three decades.

The Effectiveness of Climate Change Litigation as a Venue to Uphold State Climate Change Obligations in Indonesia

Climate change has increasingly raised concerns regarding the continuity of human life. As a consequence, there are certain obligations upon governments to conduct climate change mitigation and adaptation measures. However, there remains the issue of ensuring States comply with their obligations. Under the Paris Agreement, a recent international legal instrument concerning climate change, compliance is one of the matters addressed. The Agreement introduces a “Compliance Committee”. The Agreement, however, underlines that the Compliance Committee’s actions will be limited to non-adversarial and non-punitive measures. Therefore, it remains unclear whether non-compliant States would indeed adhere to the Compliance Committee. Recently, climate change litigation has begun to develop around the world. This form of litigation also encompasses lawsuits from citizens against States, concerning such State’s obligations in mitigating and adapting to climate change. With such development, a question arises, which is “How effective can climate change litigation be in upholding Indonesia’s climate change obligations?” In answering such question, this research will use the normative juridical method, consisting primarily of bibliographical research. The composition of this research will firstly consist of an explanation of the research background, including an explanation on current State climate change obligations, which leads to the main research problem, and a comparison with prior research. Next, an analysis upon recent developments in Indonesia, along with a brief comparison with global developments will be conducted, which will then be used in answering the research problem. The paper will then conclude with conclusions and suggestions.

Courting marriage: juridification of intimate relationships in North India

This paper examines cases of elopements and choice-based marriages in North India that have consolidated into an established form of litigation in the past two decades. Through ethnographic research at the Punjab and Haryana High Court, I delineate the nature and scope of legal processes in validating relationships of choice and in mediating between couples and their kin groups. The proliferation of elopement cases, popularly known as court marriages, reflects a juridification of potentially deviant marriages, where discourses on universal rights both inform, and are, in turn, shaped by the dialogue initiated in such courtroom proceedings. I argue that court marriages signify a creative re-imagination of law, a research subject that is gaining traction within the field of legal anthropology but is, as yet, under-represented in the study of gender and sexuality in India. While feminist scholarship from South Asia has contributed immensely in highlighting the patriarchal biases in judicial intervention on gendered violence and discrimination, the creative possibilities inherent in legal procedures continue to be under-emphasized. Combining recent anthropological research on law and classical kinship studies on marriage, I propose that court marriage is an innovative, contextually-driven effort to re-imagine both legal spaces and the institution of marriage itself.

Court Supervised Institutional Transformation in South Africa

The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties.
 A different model of litigation is emerging in South African law. This model involves actions against public institutions that are failing to comply with their constitutional mandate. In this type of litigation there is seldom a dispute regarding the eventual outcome that is desired. Both the applicant and the state, in its capacity of the respondent, have a broad consensus about the manner in which the institution should operate or be transformed. There is accordingly agreement regarding the eventual outcome and the shortcomings that should be addressed. The primary issue relates to the details of the implementation of the transformation of the institution in question, in order that the constitutional mandate of the institution in question will be met.
 An example of this form of litigation can be seen in litigation concerning the conditions in which prisoners are detained in South African prisons. The constitutional mandate for the imprisonment of offenders is contained in the Correctional Services Act.
 Ongoing human rights violations often take place in prisons. These include staff shortages, shortages of medical staff and facilities, prison overcrowding, inadequate staff development, the prevalence of HIV/AIDS, infrastructure defects and maintenance problems, gangsterism, requests for prisoner transfers and problems associated therewith, the ineffectiveness of parole boards, staff development needs that are not addressed, an excessive focus on security, lack of rehabilitation and vocational training programmes and assaults of prisoners.
 The courts have on occasion issued a structured interdict as an appropriate remedy. However, problems arise when violations are widespread and no single order can cause the problems to be properly addressed or where the executive fails to implement or even ignores court orders.
 Thus, the wrong which is complained of is not a wrong done to a particular person, but the constitutional wrong is the manner in which the institution executes its mandate vis-a-vis the vulnerable beneficiaries of the public service in question. The transformation thereof is designed to bring the institution within its constitutional duties and bounds. There is usually no dispute about the failures of the organisation and court orders are often taken by consent.
 The question which arises is how it can be ensured that a public institution such as a school, welfare department, hospital for the mentally disabled, home for the elderly or prison, which is designed to serve or accommodate the vulnerable may be brought into conformity with its constitutional mandate where there are continual and persistent failures to do so.
 Even where court orders are obtained, there are often significant problems with the implementation thereof. In the case of prisons, a possible solution, which has been employed in the United States of America and which may be adapted for use in the South African context, is that of a post-trial special master or court appointed supervisor, who supervises the transformation of the public institution until such time as the non-compliance has been appropriately resolved.
 In this article the role and functions of the American special master will be set out. The feasibility of importing such an office into the South African context will be evaluated.

L’ipotesi del meticciato in America latina. Dal multiculturalismo neoliberale alle differenze come forme di contenzioso

The dispute on mongrelization starts to play a fundamental role in Latin America inside the modernist debates about the national unity between the end of the XIX century and the beginning of the XX century, to later acquire an unprecedented global diffusion in the eighties and the nineties of the last century. Using the writings of the Bolivian sociologist Silvia River Cusicanqui and of the Argentinian anthropologist, who has long since been active in Brazil, Rita Segato, the essay reconstructs the historic and political happening of metissage in Latin America. The authors show that it is an historical concept which worked as an instance of legitimation both in the period of colonial oppression and later in the epoch of republican modernization. It represents the instrument to hide – if not to delete – the original character of modern State; for this reason it has been able to play a fundamental role in the epoch of liberalism as much as in the neoliberal one. However in mongrelization what is also at stake is that it can express the radically de-colonizing impulse of the differences as forms of litigation which inhabit the complex contemporary Latin American territories.

A Statement about Authorship from Individual Members of the Society of Chairs of Academic Radiology Departments

q RSNA, 2013 There has been much recent discussion (1,2) about what constitutes appropriate authorship for scientific articles. Indeed, recent exposes in the press and elsewhere about “gift,” “honorary,” and even “ghost” authorship have led to lawsuits, other forms of litigation, and the ruin of the careers of some dedicated health professionals. In many cases, improper assignment of authorship is due to naivety or oversight; but in some cases, it is undertaken knowingly and, at worst, for ultimate financial gain. The International Committee of Medical Journal Editors (ICMJE) has issued stringent guidelines for appropriate assignment of authorship and other aspects of scientific publications (3). These guidelines also deal with issues concerning redundant publications. The following members of the Society of Chairs of Academic Radiology Departments (SCARD) have personally attested their support for the ICMJE criteria for authorship and are determined to ensure that colleagues in their department/institution/working group adhere to them fully.

Judicial Activism and Public Interest Litigation in India

Over the years the Indian judiciary has always been hailed as an activist judiciary. The phenomenon that bears testimony to this label is the spate of judicial decisions dealing with Public Interest Litigations. Ever since the conclusion of the first ever PIL concerning the Ratlam Municipal Council in 1976, PIL has become an effective remedy for all those who are advocates of social justice and believe in working for the general benefit of the masses including those deprived of their basic needs falling into the category of the underprivileged. The major breakthrough came in 1982 when the Supreme Court delivered the S.P. Gupta vs Union of India judgment and said that any individual approaching the court should have a proper locus standi, i.e., a legal basis to seek a judicial remedy from the court. In a way, the aim of introducing the locus standi theory was to regulate the number of PILs being filed in the courts and made the common man aware that a judicial remedy could not be sought for just about anything and everything. This paper traces the origin and development of PIL in India and seeks to analyze how PIL came to India as a result of judicial activism of some judges and their initiative to deliver social justice in an effective manner. However, the difficulties of this form of litigation is also discussed, thereby emphasizing on the difficulties in striking the right balance between judicial overreach and judicial restraint. Suggestions are given at the end as to how the Indian judiciary can guard against over-activism in the urge to provide effective justice.

A Statement about Authorship from Individual Members of the International Society for Strategic Studies in Radiology

There has been much recent discussion [1, 2] about what constitutes appropriate authorship for scientific articles. Indeed, recent exposes in the press and elsewhere about ‘gift’, ‘honorary’ and even ‘ghost’ authorship have led to law suits, other forms of litigation and the ruin of the careers of some dedicated health professionals. In many cases, improper assignment of authorship is due to naivety or oversight, but in some cases, it is undertaken knowingly and, at worst, for ultimate financial gain. The ICMJE has issued stringent guidelines for appropriate assignment of authorship and other aspects of scientific publications [3]. These guidelines also deal with issues concerning redundant publications. The International Society on Strategic Studies in Radiology unanimously endorsed the statement at their 2011 annual symposium and in addition the following IS3R members have personally underlined their support for the ICMJE criteria for authorship and are determined to ensure that colleagues in their department/institution/working group adhere to them fully. Andreas Adam, UK Ronald Arenson, US Peter Aspelin, SE Stanley Baum, US Norman J. Beauchamp, US Lorenzo Bonomo, IT William G. Bradley, US Boris Brkljacic, HR R. Nick Bryan, US Giovanni Cerri, BR Byung Ihn Choi, KR Claus D. Claussen, DE Jian-Ping Dai, CN Jorg F. Debatin, DE Adrian K. Dixon, UK Luis Donoso, ES N. Reed Dunnick, US Dieter Enzmann, US Xiaoyuan Feng, CN Guy Frija, FR Sanjiv Sam Gambhir, US Ricardo Garcia Monaco, AR Hassen A. Gharbi, TN Stephen Golding, UK Moshe Graif, IL Philippe Grenier, FR Robert I. Grossman, US Rolf W. Gunther, DE Christian J. Herold, AT Bruce Hillman, US Hedvig Hricak, US Janet E. Husband, UK Valerie Jackson, US Gilbert Jost, US Willi A. Kalender, DE Pek-Lan Khong, HK Dong-Ik Kim, KR Herbert Y. Kressel, US Gabriel P. Krestin, NL Sachio Kuribayashi, JP Denis Le Bihan, FR Jonathan S. Lewin, US Alexander Margulis, US C. Douglas Maynard, US International Society for Strategic Studies in Radiology (IS3R) Neutorgasse 9/2a, 1010 Vienna, Austria e-mail: office@is3r.org

Litigation and the Optimal Combination of Vague and Precise Clauses in Contracts

In this paper we determine the optimal combination of precise and vague clauses written in contracts when the parties face writing and enforcement costs, the second ones in the form of litigation. We show that the parties may prefer to write vague instead of precise clauses not only because they are cheaper to write but also because they are cheaper to enforce. We extend Battigalli and Maggi (2002) to model the decision of a principal who chooses clauses to describe the actions that an agent has to perform. As both players observe nature imperfectly they may call for a court to determine whether the agent performed the right action. We show that the principal tends to sue the agent more frequently when a task is described with a precise instead of a vague clause. The reason is the following: with precise clauses, the frequency of litigation increases with the value of the task that is described because a smaller discrepancy in the beliefs of the players is enough to trigger a dispute, but with vague clauses, that frequency decreases with the value of the task because the probability that the agent performs the right action increases with the value of the task. The direct implication is that vague and not precise clauses (as it is predicted by Battigalli and Maggi) are used to describe the most important tasks of a contract.

Causality and the law

For the law, determinations of causation in all forms of litigation are crucial for the resolution of disputation. The circumstances of particular cases impose a context that individualises the examination of whether a particular factor or set of factors have brought about a particular result (see Stapleton, 2009; Stapleton, 2002). The question to be answered by the courts is not abstract or theoretical. It is framed by the context. For the parties in dispute the stakes in respect of a forensic determination of causation, as against a determination of association, correlation or influence, can be high. Whether exposure of the plaintiff to a carcinogenic or teratogenic substance by a defendant caused disease or death plays a substantial part in determining whether there can be civil recovery against the defendant. Whether the negligence of an employer caused economic or psychiatric harm to a plaintiff will be a required component of a plaintiff’s damages claim. Whether a consequence of setting fire to trees was the death of a person within a nearby house is likely to be a determinative component in criminal charges of murder, manslaughter or endangering life. Whether a failure to attend to the care of a patient caused or had the foreseeable potential to cause death is likely to be an important part of disciplinary proceedings against a medical practitioner. Whether a failure to adhere to cordon and contain policies caused police to shoot dead a suspect they were called upon to apprehend may be part of a coroner’s findings about the circumstances and cause of the death of a deceased person. Whether the conduct of parents caused foreseeable harm to a child may determine custody and access arrangements ordered by a family court in the aftermath of a marriage. The law is binary in the sense that courts are required to determine whether initiating or moving parties in litigation have proved their case on the basis of the evidence adduced. Proving the nexus between a wrongful act and its consequences needs to be established beyond reasonable doubt in criminal prosecutions. If it is not proved, the prosecution does not succeed – there will be a finding that the