Search results

1 – 10 of over 4000
To view the access options for this content please click here
Article

Reid, Morris of Borth‐y‐Gest, Pearson, Simon of Glaisdale and Salmon

June 28, 1972 Limitation of action — Asbestosis — Workman contracting insidious disease over number of years through employers' breach of statutory duty — Action commenced…

Abstract

June 28, 1972 Limitation of action — Asbestosis — Workman contracting insidious disease over number of years through employers' breach of statutory duty — Action commenced more than one year after giving up work — Lack of knowledge that disease attributable to breach of duty — Whether workman entitled to bring action outside period — Limitation Act 1963 (c.47) ss. 1(3), 7(3).

Details

Managerial Law, vol. 13 no. 2
Type: Research Article
ISSN: 0309-0558

To view the access options for this content please click here
Book part

Martine Dennie and Kevin Young

It is unclear from Canadian case law what the appropriate legal standards of care and regulation should be in athlete injury cases. This chapter provides an overview of…

Abstract

Purpose

It is unclear from Canadian case law what the appropriate legal standards of care and regulation should be in athlete injury cases. This chapter provides an overview of existing legal standards and explores the question of participant liability in sport, especially ice hockey. It reviews the applicability of tort law, including both intentional torts and unintentional torts, and considers the applicability and impact of the notion of ‘volenti non fit injuria’ (or voluntary assumption of risk).

Approach

The chapter is based on a review of Canadian case law.

Findings

Canadian courts have adopted varying standards whereby it is seemingly easier to prove negligence in certain provinces than others. We discuss the implications of these conflicting jurisdictional standards and the need for clearer and more consistent legal guidelines. Further, we show why appropriate legal standards should extend beyond purely objective and legalistic interpretations to more subjective and sociological factors that place sports violence and sports injury in social context.

Details

The Suffering Body in Sport
Type: Book
ISBN: 978-1-78756-069-7

Keywords

To view the access options for this content please click here
Article

Deepa Sethi and Vikas Arya

The purpose of this study is to determine the existing legal implications for medical negligence in India and recommending how open communication and empathy by the…

Abstract

Purpose

The purpose of this study is to determine the existing legal implications for medical negligence in India and recommending how open communication and empathy by the doctors can help prevent these implications.

Design/methodology/approach

This research is based on a qualitative method. Indian laws, Indian constitution, journal articles, books and other writings have been reviewed to develop this study.

Findings

There are many legal implications for medical negligence in India, and justice can be demanded under a number of Indian laws. This study also found that it is important to create awareness regarding the laws governing medical negligence through effective communication and empathy.

Originality/value

Extant literature discusses in detail the various laws related to medical negligence and few talk about creating awareness about these laws amongst people, and while some researchers understand the importance of sensitizing health professionals of the nitty-gritty of the legal implication governing medical negligence, none provides a framework of medical negligence with the help of sensitizing health professionals through communication. This study fills the gap by focusing on prevention than cure.

Details

International Journal of Law and Management, vol. 62 no. 5
Type: Research Article
ISSN: 1754-243X

Keywords

To view the access options for this content please click here
Article

Md Rafiqul Islam Hossaini

The aim of this paper is to determine the available remedies for medical negligence instances in Bangladesh.

Abstract

Purpose

The aim of this paper is to determine the available remedies for medical negligence instances in Bangladesh.

Design/methodology/approach

This research work is qualitative in nature. Books, journal articles, case law and statutory laws have been reviewed to formulate this work.

Findings

A victim of medical negligence in Bangladesh can approach the court seeking remedy under the Criminal Law, Civil Law and Constitutional Law. Moreover, medical professionals are expected to be aware about the legal consequences of their medically negligent practices, and they should indulge in ethical practices so as to avoid getting embroiled in controversial situations and litigations.

Originality/value

The main reasons for unaccountability of medical practitioners include the unwillingness of people to initiate action against medical practitioners and the lack of legal knowledge about the remedies for medical negligence instances. This paper will assist in gather the required legal knowledge.

Details

International Journal of Law and Management, vol. 59 no. 6
Type: Research Article
ISSN: 1754-243X

Keywords

To view the access options for this content please click here
Book part

Henrik Lando

It is well established that courts should and in fact do require a higher level of care by people working within their profession than by amateurs. Adequate care is simply…

Abstract

It is well established that courts should and in fact do require a higher level of care by people working within their profession than by amateurs. Adequate care is simply more within reach for the professional than for the amateur (less ‘costly’). This article analyzes whether a further distinction between the professional and the amateur should influence the way courts set negligence standards: the professional is more likely to invest in acquiring information concerning negligence standards, and the professional is hence more likely than the amateur to be influenced by the standards. This issue is analyzed for the case where the professional is the injurer and the amateur is the victim. The amateur is assumed not to acquire any information concerning standards, and the behavior of the amateur is taken as exogenously fixed. Under this assumption, the negligence standard applied to the professional may be either higher or lower than first best, depending on whether care levels by the injurer and the victim are substitutes or complements and on whether, in the absence of information, the amateur over- or under-estimates the standard applied to him or her.

Details

Research in Law and Economics
Type: Book
ISBN: 978-0-7623-1348-8

To view the access options for this content please click here
Book part

Andrew Reffett

Commentators express concern that when auditors investigate for but fail to detect fraud, jurors might effectively penalize the auditors for having investigated for the…

Abstract

Commentators express concern that when auditors investigate for but fail to detect fraud, jurors might effectively penalize the auditors for having investigated for the fraud (AICPA, 2004; Coffee, 2004; Golden, Skalak, & Clayton, 2006). Consistent with these concerns, Reffett (2010) finds that, in a between-participants setting, evaluators in cases of undetected fraud are more likely to hold auditors liable for damages when the auditors identified the perpetrated fraud as a fraud risk and then investigated for the fraud, relative to when the auditors did neither. What remains unclear, however, is the extent to which identifying versus investigating fraud risks increases evaluators’ between-participants assessments of auditor liability. That is, when auditors investigate for, but fail to detect fraud, is the increase in evaluators’ liability assessments due to the fact that the auditors identified (i.e., were aware of) the fraud risk but did not detect the fraud, or that the auditors unsuccessfully investigated for the fraud (or both)? This study addresses these questions by reporting evidence that both identifying and investigating fraud risks can each, in isolation, increase evaluators’ perceptions of auditor negligence. The processes by which identifying and investigating fraud risks increase evaluators’ negligence verdicts, however, appear to differ.

Details

Advances in Accounting Behavioral Research
Type: Book
ISBN: 978-1-78190-838-9

Keywords

To view the access options for this content please click here
Article

J. Thesiger

March 16, 1970 Negligence — Duty of care — Damage to electric cable by workmen building wall on road — Resulting power failure in near‐by factory — Damage to plant and…

Abstract

March 16, 1970 Negligence — Duty of care — Damage to electric cable by workmen building wall on road — Resulting power failure in near‐by factory — Damage to plant and machinery and loss of day's production in factory — Claim for damages by factory owner — Whether damage too remote — Liability of defendant — Whether actionable nuisance.

Details

Managerial Law, vol. 8 no. 6
Type: Research Article
ISSN: 0309-0558

To view the access options for this content please click here
Article

L.J. Russell, L.J. Salmon and L.J. Megaw

November 14, 1969 Contract — Construction — Supply of gas — Indemnity — Consumers to indemnify gas board against claims for injury or damage “caused by any action … of the…

Abstract

November 14, 1969 Contract — Construction — Supply of gas — Indemnity — Consumers to indemnify gas board against claims for injury or damage “caused by any action … of the consumers, their servants or agents whether arising directly or indirectly out of the supply of any gas or apparatus” — Escape of gas from faulty main — Explosion touched off by act of consumers' employee — Negligence — Board mainly liable v Whether entitled to be indemnified for own negligence.

Details

Managerial Law, vol. 8 no. 1
Type: Research Article
ISSN: 0309-0558

To view the access options for this content please click here
Article

J.R. Carby‐Hall

One of the common law duties owed by the employer is his duty to take reasonable care for the safety of his employee. This common law duty is an implied term in the…

Abstract

One of the common law duties owed by the employer is his duty to take reasonable care for the safety of his employee. This common law duty is an implied term in the contract of employment and is therefore contractual in nature. Because of the difficulties which may arise in bringing an action in contract for breach of the employer's duty of care, the employee who has sustained injuries during the course of his employment (although he may sue either in contract of tort will normally bring a tort action.

Details

Managerial Law, vol. 31 no. 1/2
Type: Research Article
ISSN: 0309-0558

To view the access options for this content please click here
Article

William North

Discusses the factors which have led to a proliferation oflitigation in respect of professional negligence in the field of realestate. Outlines caveat emptor (or ′buyer…

Abstract

Discusses the factors which have led to a proliferation of litigation in respect of professional negligence in the field of real estate. Outlines caveat emptor (or ′buyer beware′), fraud, negligent misrepresentation, negligence, innocent misrepresentation and strict liability and statutory liability for misrepresentation. Gives examples of specific cases. Suggests that both the residential market and the commercial sector have been affected to such an extent that it is no longer clear whether the decision‐makers take any responsibility for their actions, but rely solely upon the real estate profession to act as a guarantor of the transaction.

Details

Journal of Valuation, vol. 8 no. 1
Type: Research Article
ISSN: 0263-7480

Keywords

1 – 10 of over 4000