Kind Of Liability Research Articles

Public Law Liability of the Financial Market Supervisor

This article deals with the liability of the supervisory authority of the financial market. It could be questioned whether the supervisory authority, as the public authority, is liable for the supervisory performance. If the answer is yes, then the question is what kind of liability could be found and if any special conditions (prerequisites) are needed. In general, there could be two lines of public liability found. One is systemic liability for the safe financial market—e.g., financial market stability. The other perspective is individual liability for damages caused by unlawful administrative procedure or maladministration, where unlimited strict liability is granted. This kind of liability might be widely questioned, especially when the central bank is the supervisory authority, like in the Czech Republic, Slovakia, Hungary, and other EU member states. This article aims to evaluate the liability of the supervisory authority in the Czech Republic and Hungary concerning the European level of such liability.

What Is It to Be Responsible for What You Say?

AbstractIn asserting something I incur certain kinds of liabilities, including a responsibility for the truth of the content I express. If I say ‘After leaving the EU, the UK will take back control of c. £350 million per week’, or I tell you that ‘The number 14 bus stops at the British Museum’, I become liable for the truth of these claims. As my audience, you could hold me unreliable or devious if it turns out that what I said is false. Yet this socio-linguistic practice – of acquiring and ascribing ‘linguistic liability’ – is complicated, especially given philosophical distinctions between the various different kinds of contents people can express (am I liable, for instance, for the claim that the number 14 bus stops at the British Museum today or only usually?). This paper explores the different kinds of contents speakers might be taken to express, arguing that our practices around linguistic liability (including in legal disputes) reveal a crucial role for a notion of context-independent, literal meaning attaching to words and sentences. These practices thus vindicate what philosophers tend to term ‘minimal semantic content’.

CRIMINAL LIABILITY OF ONLINE MONEY LENDERS

Although it is most commonly associated with financial loans, a loan is a kind of liability that can include any kind of tangible asset. Similar to other debt instruments, loans involve the redistribution of financial assets over time between the debtor and the lender. Online loans are financial assistance provided by financial institutions in which the loan application is conducted using an application controlled by the financial institution. The availability of online loans makes the loan application procedure easier, faster, and less complicated. Legal research using juridical normative research methods was conducted to understand the legal issues and legal relationships of criminal liability of online lenders. This research aims to examine the effectiveness of positive law in Indonesia in law enforcement of online money lending criminal cases and examine the actions of online money lending criminal offenders who make threats, especially through cell phones, have clear legal sanctions as an effort to protect online money loan recipients. This criminal liability is in the form of punishment. There are criminal sanctions for companies or individuals including debt collectors as part of fintech lending who commit violations in the form of disclosure of personal data subject to Article 32 juncto (jo) Article 48 of the amendment to the Bill of Act on Electronic Information and Transaction.

Concurrence of Liability for Contracting Negligence and Liability for Breach of Preliminary Contract

Both the liability for contracting negligence and the liability for breach of preliminary contract in advance have the function of protecting the legitimate rights and interests of the parties in the negotiation and consultation stage before contracting, which will inevitably lead to the problem of overlapping of responsibilities. Therefore, further exploration and analysis of the differences between the two will help the parties better obtain remedy. The legal effects of these two kinds of liabilities on compensation for losses have a competing relationship under specific conditions, and they are also reflected in four kinds of situations: juxtaposition, overlapping, inclusion and intersection according to specific circumstances. The competing relationship between the two causes differences in the determination of the cause of action in judicial practice. In the case that the criterion for determining the cause of action has not been amended, it is not a big problem to take the contract dispute as the cause of action, and it can also solve the problem of determining the cause of action in the case of concurrent liability. The concurrent liability between the two is also related to the exercise of the judge’s interpretation power and the choice of the path of the parties’ accountability.

Punomoćje u korist trećeg?

According to the provision of Art. 75 of the Criminal Procedure Code, one or more defense attorneys may be selected and authorized by the defendant, or his legal representative, spouse, blood relative, adoptive parent, adoptive parent, brother, sister, foster parent and the person with whom the defendant lives in extramarital affairs, or any other permanent community of life, unless the defendant expressly objects. The aim of this provision is to provide professional defense to the defendant in criminal proceedings even when he is unable to provide it, but the relationship between the lawyer and the person authorized to conclude a contract with him is of a civil nature. Theory and jurisprudence have not dealt much with the legal qualification of this relationship or have done it only marginally. Moreover, the explanation of the judgment of the Supreme Court of Cassation on the solidary liability of the accused and the certain person (wife) opens a number of questions, which are the subject of research in this paper. First of all, what is the legal nature of the contract that a lawyer concludes with a client? Is it possible to conclude such a contract in favor of a third party? What is the legal nature of the subsequent granting of a power of attorney? If a contract is concluded in favor of a third party, what is the legal effect of such a contract concluded between the parties? Does the contract in favor of a third party also result in an obligation for a third party? Finally, bearing in mind that the solidary liability is not explicitly agreed, from what does the court derive that kind of liability?

Protecting Portfolios Against Inflation

Inflation is a perennial threat to the real value of portfolios, even though current inflation rates are low. To protect portfolios against inflation, cash, inflation-indexed bonds, equities, real estate, and commodities are the usual candidates. We examine each, plus other assets and, importantly, various kinds of liabilities, to examine their historical and prospective responses to expected and unexpected inflation. Our article is integrative, bringing together ideas and data from many different sources in one place.

Legal liability and risks during infusion therapy

Background. The issue of legal liability is extremely important for all healthcare workers (HCW). HCW are solely responsible for medical violations during the performance of their professional duties. There is a misconception that in case of non-provision or error in the provision of medical care outside the medical institution, the HCW will be liable. However, this is not always so, as in this case the HCW is considered an ordinary citizen and bears ordinary civil liability.
 Objective. To describe the legal aspects of MP liability, in particular, during infusion therapy (IT).
 Materials and methods. Analysis of the legal framework.
 Results and discussion. The public consciousness has formed the idea of the great responsibility of HCW for human life and health. Unfortunately, in Ukraine, people often do not care about their own health and do not take preventive measures, shifting all responsibility to HCW. Citizens have the right to receive health care and the right for the compensation of improper medical care and damage caused by the actions of the HCW. According to surveys, a lawsuit from a patient is the leading fear of HCW. This fear needs to be reduced, as the doctor and nurse should not be afraid of their patients. According to the objective model of liability, the HCW is guilty of the damage caused to the victim (patient), if the average citizen believes that the actions of HCW were the cause of the unfavorable course of events. This model is often used by domestic media, although in Ukraine it is not enshrined in law. For a long time, criminal liability for medical crimes has dominated Ukraine. Currently, there are criminal, administrative, disciplinary and civil kinds of liability. According to the criminal legislation of Ukraine, criminal liability arises for a crime that contains a crime according to the Criminal Code. Criminal activity contradicts the very essence of medical activity, so special attention is paid to such crimes. It should be noted that the intentional crimes committed by HCW are much less common than crimes of negligence. An important problem is that lawyers do not always understand the specifics of the nature of a medical crime. There are circumstances in which HCW are released from liability for a crime. These circumstances include actions of extreme necessity and actions in risk settings. Extreme necessity often takes place in urgent medical interventions. These circumstances often accompany emergency care in case of accidents, military problems and disasters.
 IT is often a kind of experiment, because the drugs administered may be perceived differently by the patient, even with a normal previous history. Because treatment is often associated with risk, for example, in case of IT side effects, a nurse who continues to administer the drug on a protocol or off-protocol (subject to consultation with the patient and/or the board of physicians) will not be criminally liable. Similarly, a nurse will not be criminally liable in case of deciding to discontinue IT due to the patient’s deterioration. In such circumstances, the nurse should inform the physician of the situation as soon as possible and eliminate the danger to the patient as soon as possible. Cases in which the damage was caused intentionally for a useful purpose is a separate category of cases. This is most common in chemotherapy and in experimental studies. The HCW should take sufficient, in his opinion, and appropriate to his qualification measures to improve the patient’s condition. Sometimes nurses have to make decisions in time deficit, for example, as for measures for a patient with a psychiatric illness that threatens other people. In such cases, there is also no criminal liability, as the act was committed to save the lives and health of others.
 Medical crimes are divided into professional and official. The first are directly related to the performance of professional duties (HIV/AIDS, illegal abortion, disclosure of personal information of the patient, violation of the patient’s rights, not providing medical care provision, etc.). It should be noted that the HCW cannot be blamed for not providing medical care if it does not meet his/her qualifications.
 Conclusions. 1. HCW must know their rights and act for the benefit of patients. 2. Medical crimes are divided into professional and official. 3. There are situations in which HCW are released from criminal liability.

The nature of corporate crime in law enforcement of the criminal justice system in Indonesia

Law in its nature is not only used to control conduct that already occurs in society and sustain established behaviors patterns, but the law often contributes to its use as a means. The study revealed 1). Corporate Criminal Liability was an attempt to put the company in the sense of Equality Under the law with a view to achieving legal certainty, fairness and usefulness, 2) Control of corporate criminal penalties was implemented in several laws through a common formulation of the key criminal fines, 3) law enforcement against corporate crime can be achieved through a) Normative Approach. Therefore, it is required that the state will specifically articulate the responsibility for corporate criminal liability through legislative and executive agencies and what kind of liability can be formally demanded of the corporation as the object of criminal liability (legal policy), since the assessment of corporate errors is the basis of material for the demand of corporate criminals.

A New Enforcement Tool: A Directive to Protect Whistle-Blowers

The European Commission decided to propose legislation on the protection of whistle-blowers in order to strengthen enforcement of Union law and to provide an enforcement tool at the national and EU level. The Directive on the protection of persons reporting breaches of Union law has been approved by the European Parliament and the Council and it will soon be published in the Official Journal of the European Union. The whistle-blower is an enforcement tool which is given to Member States in order to enhance the enforcement of EU law. The whistle-blower is in a privileged position to detect and report wrongdoings and the new Directive aims to facilitate this process by providing a concrete definition of the whistle-blower, the procedural path of report and, finally, protection from retaliation or any kind of liability. Being a debated figure until recently, the whistle-blower becomes now a helpful tool for the better implementation and enforcement of Union rules. The Directive is a positive step towards a European legal framework on the protection of whistle-blowers and a change of attitude. However, there are dubious and complex points of the Directive that may harden, instead of facilitate, the work of the whistle-blower.

Independence, Sovereignty, Preponderance – The Prevalence and the Territorial Expansion of State Power

State is society’s need for the existence of an organized power, equipped with the right equipments of coercion and able to run the society, by imposing the choices that seem reasonable to them, through legal norms. State is an organization of state power; it is an organized power which imposes its will to all the society and has a whole mechanism to execute this will. The state realizes its functions through power, which is a mechanism to accomplish its relevant functions. The power’s concept is a social concept, which can be understood only as a relation between two subjects, between two wills. Power is the ability to impose an order, a rule and other’s behavior in case that he doesn’t apply voluntary the relevant norm, respectively the right. Using state power is related to creation and application, respectively the implementation of law. To understand state power better, we have to start from its overall character. So, we notice that in practice we encounter different kinds of powers: the family’s one, the school’s one, the health’s one, the religion’s, culture’s etc. The notion of powers can be understood as a report between two subjects, two wills. Power is an order for other’s behavior. Every power is some kind of liability, dependence from others. In the legal aspect, supremacy of state presents the constitutive – legislative form upon the powers that follow after it. Supremacy, respectively the prevalence, is stronger upon other powers in its territory. For example we take the highest state body, the parliament as a legislative body, where all other powers that come after it, like the executive and court’s one, are dependable on state’s central power. We can’t avoid the carriage of state’s sovereignty in the competences of different international organizations. Republic, based on ratified agreements for certain cases can overstep state’s power on international organizations. The people legitimate power and its bodies, by giving their votes for a mandate of governance (people’s verdict). It is true that we understand people’s sovereignty only as a quality of people, where with the word people we understand the entirety of citizens that live in a state. The sovereignty’s case actualizes especially to prove people’s right for self-determination until the disconnection that can be seen as national – state sovereignty. National sovereignty is the right of a nation for self-determination. Sovereignty’s cease happens when the monopoly of physical strength ceases as well, and this monopoly is won by another organization. A state can be ceased with the voluntary union of two or more states in a mutual state, or a state can be ceased from a federative state, where federal units win their independence. In this context we have to do with former USSR’s units, separated in some independent states, like Czechoslovakia unit that was separated in two independent states: in Czech Republic and Slovakia. Former Yugoslavia was separated from eight federal units, today from these federal units seven of them have won their independence and their international recognition, and the Republic of Kosovo is one amongst them.
 Every state power’s activity has legal effect inside the borders of a certain territory and inside this territory the people come under the relevant state’s power. Territorial expansion of state power is three dimensional. The first dimension includes the land inside a state’s borders, the second dimension includes the airspace upon the land and the third dimension includes water space. The airspace upon inside territorial waters is also a power upon people and the power is not universal, meaning that it doesn’t include all mankind. State territory is the space that’s under state’s sovereignty. It is an essential element for its existence. According to the author Juaraj Andrassy, state territory lies in land and water space inside the borders, land and water under this space and the air upon it. Coastal waters and air are considered as parts that belong to land area, because in every case they share her destiny.
 Exceptionally, according to the international right or international treaties, it is possible that in one certain state’s territory another state’s power can be used. In this case we have to do with the extraterritoriality of state power. The state extraterritoriality’s institute is connected to the concept of another state’s territory, where we have to do with diplomatic representatives of a foreign country, where in the buildings of these diplomatic representatives, the power of the current state is not used. These buildings, according to the international right, the diplomatic right, have territorial immunity and the relevant host state bodies don’t have any power. Regarding to inviolability, respectively within this case, we have two groups to mention: the real immunity and the personal immunity, which are connected with the extraterritoriality’s institute.
 Key words: Independence, Sovereignty, Preponderance, Prevalence, Territorial Expansion.

Građanska odgovornost u medicini u pravnom sistemu Republike Makedonije

The Macedonian legal system does not contain special rules on the liability of medical institutions and medical staff for damage that is caused while providing health services. This implies that the general rules of civil liability, which can be found in the Macedonian Obligation Relations Act (ORA), apply to professional liability of physicians and medical institutions. The comparative law shows that the rules of contractual and non-contractual liability, fault and strict liability as well as vicarious liability can be applied in cases of medical liability. The aim of this paper is to present the existing rules on liability in the Macedonian legal system that may apply in cases of civil liability in medicine, as well as to present cases involving different kinds of liability and analyze the specific differences among them. A clear distinction among different types of liability is essential for deciding which liability rules apply in a particular case: the rules on contractual liability or non-contractual (tort) liability. The legal relationship between a patient and a physician is primarily a contractual relationship and, in these cases, a medical treatment contract is the legal ground of the patient's and the physicians' rights, duties and obligations. The application of the fault liability rules is predominant in comparative law but the mass usage of medical devises and the introduction of high technology into medicine in general have resulted in the tendency to increase the application of strict liability in practice. In this paper, the author addresses the following questions: which of these tendencies and cases are accepted in the Macedonian legal system, and under what conditions are they applied in the Macedonian legislation and in practice.

Joint and several liability and separate liability of the heirs for hereditable obligations – short comparative and historical overview

The article researches the different approaches for regulation of the liability of the heirs for hereditable obligations. Historical and comparative researches were made. The European legislations can be divided in two big groups. The legislations form the first group set a separate liability of the heirs - each one of them owes only a part of the debt equal to his share of the estate. The legislations of France, Ukraine, Bulgaria, etc. are included in this group. The legislations from the second group govern joint and several liability for the heirs. A creditor of the estate has a right to demand an enforcement of the whole size of hereditable obligation from one of the heirs and this enforcement releases all of the heirs from their liability. This group includes the civil legislations of German, Switzerland, Spain, Russian federation, Macedonia, etc. The author position is that the separate liability is more proper for regulation of the heir’s liability for hereditable debts. Historical, comparative and theleological methods are used for proof of this thesis. The historical development of this liability from Roman private law is traced and researched. A short overview of the aims of each one of the two kinds of liability is made in the article. The joint and several liability protects only the interest of the creditors of the estate. It is considered in the doctrine as a debt security. The separate liability protects the interest not only of the creditors, but of the heirs too. But only the liability for divisible obligations is separate. The liability for indivisible obligations is joint and liability. The separate liability can’t be applicable for them because of the specific of this kind of obligations.

CUSTODIAM PRAESTARE - EWOLUCJA ZOBOWIĄZANIA DO STRZEŻENIA RZECZY W PRAWIE RZYMSKIM

‘Custodiam praestare’ - The Evolution of an Obligation to Guarantee the Safekeeping of an Object in the Roman LawSummaryThis article focuses on the evolution of an obligation to guarantee the safekeeping o f an object (custodiam praestare). This kind of a duty arose in all contracts in which the debtor received things for his own interest. The limits of liability were discussed by the earlier jurists (veteres) in the contract of loan for use (commodatum). In the first analyzed text (D. 13,6,5,6) the problem concerned the necessity of safekeeping of a slave loaned for use; the second case (D. 13,6,5,9) discussed the duty of safekeeping of a thing accompanying the main object of a contract. The argumentation adopted by the veteres proves that already for the early jurists the very obligation to keep safe o f an object in commodatum was unquestionable: they were rather to decide arising troublesome controversies.The meaning of custodiam praestare as an obligation to guarantee the safekeeping of an object and the problem when such an obligation arose was analyzed by Gaius in his commentary to the provincial edict (D. 19,2,40 and D. 4,9,5 pr.). The jurist laid down that the duty to keep an object safe is not a principal obligation in agreements contracted with the seamen, inn- and stable-keepers, they were liable for the safekeeping in the same way as fullers and tailors. The obligation custodiam praestare in case of fullo and sarcinator was clarified in Gaius’ Institutiones (G. 3,205­ -207): a party was liable for safekeeping of an object, when it received the object for its own interest.Custodiam praestare evolved by way of an interpretation o f the term custodia. The first concept of liability for safekeeping of an object was restricted to theft (D. 13,6,19) and it did not include damage induced by a third party. Subsequently, Marcellus introduced a wider interpretation of safekeeping: a party would be liable for not returning the object kept, as long as the activity of custodia would have been enough to avoid an unlawful damage (D. 19,2,41).This understanding broadened the limits of liability: eventually, towards the end of the classical period custodia apparently covered every loss but for the case of force majeure (D. 13,7,13,1). In the postclassical period there seems to have occurred a change in the regime of custodia liability. M any a text brings a new formulation: instead of custodiam praestare we find the expression diligentia in custodiendo, thus one could think that this kind of liability was then based on negligence. Nevertheless, this terminological alteration did not affect the limits of liability. The person under the obligation to keep an object safe remained liable for the loss thereof and could only be exonerated by proving that the loss was due to vis maior (D. 18,6,2,1).

Territorial Reach of the Power of State (Three-Dimensional Reach)

State is society’s need for the existence of an organized power, equipped with the right equipments of coercion and able to run the society, by imposing the choices that seem reasonable to them, through legal norms. State is an organization of state power; it is an organized power which imposes its will to all the society and has a whole mechanism to execute this will. The state realizes its functions through power, which is a mechanism to accomplish its relevant functions. The power’s concept is a social concept, which can be understood only as a relation between two subjects, between two wills. Power is the ability to impose an order, a rule and other’s behavior in case that he doesn’t apply voluntary the relevant norm, respectively the right. Using state power is related to creation and application, respectively the implementation of law. To understand state power better, we have to start from its overall character. So, we notice that in practice we encounter different kinds of powers: the family’s one, the school’s one, the health’s one, the religion’s, culture’s etc. The notion of powers can be understood as a report between two subjects, two wills. Power is an order for other’s behavior. Every power is some kind of liability, dependence from others. In the legal aspect, supremacy of state presents the constitutive – legislative form upon the powers that follow after it. Supremacy, respectively the prevalence, is stronger upon other powers in its territory. For example, we take the highest state body, the parliament as a legislative body, where all other powers that come after it, like the executive and court’s one, are dependable on state’s central power. We can’t avoid the carriage of state’s sovereignty in the competences of different international organizations. Republic, based on ratified agreements for certain cases can overstep state’s power on international organizations. The people legitimate power and its bodies, by giving their votes for a mandate of governance (people’s verdict). It is true that we understand people’s sovereignty only as a quality of people, where with the word people we understand the entirety of citizens that live in a state. The sovereignty’s case actualizes especially to prove people’s right for self-determination until the disconnection that can be seen as national – state sovereignty. National sovereignty is the right of a nation for self-determination. Sovereignty’s cease happens when the monopoly of physical strength ceases as well, and this monopoly is won by another organization. A state can be ceased with the voluntary union of two or more states in a mutual state, or a state can be ceased from a federative state, where federal units win their independence. In this context we have to do with former USSR’s units, separated in some independent states, like Czechoslovakia unit that was separated in two independent states: in Czech Republic and Slovakia. Former Yugoslavia was separated from eight federal units, today from these federal units seven of them have won their independence and their international recognition, and the Republic of Kosovo is one amongst them. Every state power’s activity has legal effect inside the borders of a certain territory and inside this territory the people come under the relevant state’s power. Territorial expansion of state power is three dimensional. The first dimension includes the land inside a state’s borders, the second dimension includes the airspace upon the land and the third dimension includes water space. The airspace upon inside territorial waters is also a power upon people and the power is not universal, meaning that it doesn’t include all mankind. State territory is the space that’s under state’s sovereignty. It is an essential element for its existence. According to the author Juaraj Andrassy, state territory lies in land and water space inside the borders, land and water under this space and the air upon it. Coastal waters and air are considered as parts that belong to land area, because in every case they share her destiny. Exceptionally, according to the international right or international treaties, it is possible that in one certain state’s territory another state’s power can be used. In this case we have to do with the extraterritoriality of state power. The state extraterritoriality’s institute is connected to the concept of another state’s territory, where we have to do with diplomatic representatives of a foreign country, where in the buildings of these diplomatic representatives, the power of the current state is not used. These buildings, according to the international right, the diplomatic right, have territorial immunity and the relevant host state bodies don’t have any power. Regarding to inviolability, respectively within this case, we have two groups to mention: the real immunity and the personal immunity, which are connected with the extraterritoriality’s institute.

Development in Aviation Product Liability and Its Implication to China

The victims of aviation accidents often bring a case to litigation on the account of product defect under the aviation product liability, other than transportation liability, in order to obtain highamount compensation. Aviation product liability has a strong international character, and a combination of both transportation and product liability. In judicial practice, this kind of liability is related to a lot of confusing complexities: legal relationship, legal subject, the principle of liability, exemption of liability, jurisdiction and applicable law. With the background of China's strategy on large aircrafts and growing consumer protection, China should learn from the mature legislation and judicial practice of European and American aviation product liability. The amendment of Civil Aviation Law, legislation of specialized aviation industrial promotion law and the improvement of aviation product liability system will prevent China becoming the third largest target for aviation product liability litigation after the United States and Europe.

Towards an ‘accounting view’ on money, banking and the macroeconomy: history, empirics, theory

In this paper three views are considered which are traditionally associated with ‘money cranks’ and ‘brave heretics’. The first is that the credit nature of money has macroeconomic significance. The second is that financial development can be bad for economic growth. The third is that macroeconomic models need to be explicitly monetary macroeconomic models. It is argued that in each of these three areas, there has been a recent shift in mainstream economic opinion. This suggests new opportunities for meaningful debate between heterodox and orthodox schools on money and finance. It is further argued, following Skaggs (2003) , that a common meeting ground could be an ‘accounting view’ of economics. This is a mode of macroeconomic analysis which explicitly uses accounting definitions, identities (that credit is also debt, or that flows of a variable affect the stock of that variable) or accounting methods (e.g. decomposing different kinds of liabilities, or linking flows of liquidity to flows of transactions) to structure and direct the analysis. The accounting view is highly pluralist yet clearly defined. I discuss its applications to each of the three views.

SHORN-OFF COMPLICITY

CRIMINAL complicity has been dramatically changed by the combined decisions of the UK Supreme Court and the Privy Council in Jogee; Ruddock [2016] UKSC 8; [2016] UKPC 7; [2016] 2 W.L.R. 681. At least since the Accessories and Abettors Act 1861, it has been settled that a person (S) who has intentionally assisted or encouraged another (P) to commit a crime has been liable to be tried, convicted, and punished as if S was a principal. For decades, there has also been a much-debated, additional form of complicity where the accomplice was “parasitically” liable for further crimes committed by P beyond the scope of a common criminal purpose shared by S and P. For that kind of liability, the accomplice need not have assisted or encouraged the further crime but need only have foreseen that it was a possible incident of the common purpose. The effect of Jogee and Ruddock is that this further form of complicity, first recognised explicitly in the Privy Council decision of Chan Wing-Siu [1985] A.C. 168 and later endorsed by the House of Lords in Powell; English [1999] 1 A.C. 1, has been shorn off the criminal law. As a result, Chan Wing-Siu directions will no longer be given to juries.

Exemption and exegesis: Judicial interpretation of exemption clauses in England, Australia, and India

AbstractA feature of the modern consumer economy is the so-called “standard form contract,” printed in advance to establish the terms on which a corporate supplier deals with its customers. Typically these terms include an “exemption clause,” seeking to limit the supplier’s liability for loss or damage, and often to exclude legal liability altogether. Sometimes such clauses are given effect according to their apparent intention, but in other cases judges may endeavor to avoid that result – either by denying the clause any legal effect whatsoever, or by reading it so as not to apply to the precise kind of liability that has in fact arisen. We illustrate these varied responses by reference to judicial decisions in England, Australia, and India. The analysis suggests different expectations within these different judicial discourse communities: in England, from 1980 onwards, the renewed ideological emphasis on freedom of contract led judges to retreat from the creative solutions of earlier decades, returning to an emphasis on the actual words of such clauses; in Australia, in contrast, judges declined to take part in such a retreat; in India, a prevailing insistence on the need to interpret contracts strictly according to their literal terms has failed to prevent occasional attempts at ingenious interpretive solutions.

Internationalization: A study of small firms from emerging markets

Internationalization of firms is happening at an ever-increasing pace, and more and more small firms from emerging economies are shifting their approach from domestic to global orientation. Small firms are considered a crucial factor for the development of emerging countries. They contribute to the development of countries by generating employment, supporting innovation and sustaining economic development (Mukole, 2010). They also help in achieving wider socioeconomic goals of emerging countries. They do so by quickly adding jobs, giving competition to big firms and fostering entrepreneurial spirit (Javalgi & Todd, 2011). Small firms from emerging markets are increasingly looking at internationalization as one of the important strategic options to grow. These firms, lacking in propriety resources, do not approach internationalization as a way to exploit existing resources; instead, they view internationalization to acquire resources and capabilities. Moreover, these small firms from emerging markets face different kinds of liabilities- liability of newness, liability of foreignness and liability of third-world multinationals, mainly due to poor branding, lack of resources, lack of cutting-edge technology, and lack of scale. Firms from emerging markets view internationalization as one of the strategic options to grow large and acquire resources and capabilities (Guillen & Garcia-Canal, 2009). They use strategic alliance as one of the essential tools to enter international markets. This paper argues that small firms from emerging market lack resources, consequently they go for internationalization. Building on the linkage, leverage and learning framework proposed by Mathews (2006), we argue that smaller firms from emerging markets get into an alliance to form a linkage with a wider network of globally connected firms to get access to requisite resources and capabilities. Further, we posit that piggybacking on strategic alliance help such firms offset the liability of foreignness and poor branding, small firms from emerging markets sponge upon the strategic alliances for internationalization.

Joint Enterprise

All forms of secondary liability require justification as an exception to the rule that one should not be held criminally liable for the actions of another. Such a justification is particularly difficult to find for parasitic accessory liability, as distinguished from other forms of joint enterprise. Although the doctrine has significant practical benefits, there remain problems with the same kind of liability being imposed on both principal and secondary offenders. This uniform imposition of liability is the primary problem with the joint enterprise doctrine in its current form, and the importance of the type of liability imposed means that differences in sentence are an inadequate way of accounting for the differences in culpability between principal and secondary offenders.