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1 – 10 of over 1000
Article
Publication date: 1 January 1987

J.R. Carby‐Hall

Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These…

Abstract

Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These day to day trade union activities take a variety of forms. The most common ones are inducement of breach of contract, conspiracy, trespass, nuisance, and intimidation. Each of these activities constitutes a tort which, unless the statutory immunities apply, would normally give rise at common law to an action for damages or, as is more frequent, enable the aggrieved party to obtain an injunction.

Details

Managerial Law, vol. 29 no. 1/2
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 10 May 2011

Robert J. Dijkstra and Michael G. Faure

The purpose of this paper is to understand the incentive effects of existing compensation mechanisms in case of the bankruptcy of a financial institution.

Abstract

Purpose

The purpose of this paper is to understand the incentive effects of existing compensation mechanisms in case of the bankruptcy of a financial institution.

Design/methodology/approach

The paper uses insights of law and economics to predict the effects of compensation mechanisms on the incentives of depositors, financial institutions, financial regulators and government.

Findings

The paper shows that the current compensation system in The Netherlands will not provide sufficient incentives for all stakeholders to prevent the failure of a financial institution. Adjustments to this system are necessary to improve these incentives.

Original/value

The paper examines for the first time the impact of different compensation mechanisms on the incentives of multiple stakeholders. It also shows how these mechanisms influence each other regarding their incentive generating capability. These findings offer important insights for policy makers.

Details

Journal of Financial Regulation and Compliance, vol. 19 no. 2
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 1 May 1987

Geraint G. Howells

The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product…

Abstract

The four sections to this article have distinct but inter‐related objectives. Part I introduces the concepts, problems and tensions central to an understanding of the product liability debate. These issues recur throughout the article. Part II outlines the development of product liability law in Europe and assesses the impact of the European Directive on Product Liability. The “product liability crisis” in the United States is discussed in Part III, which looks at the law's development and proposals for reform. In Part IV the United States and European positions are compared and the case is made out for a global uniform product liability law which recognises the social responsibility of the producer towards those injured by his products.

Details

Managerial Law, vol. 29 no. 5/6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 March 1992

Henry H. Perritt

America's movement to a digital network infrastructure may be threatened by the unavailability of high‐speed network channels to some sources of information. One reason for…

Abstract

America's movement to a digital network infrastructure may be threatened by the unavailability of high‐speed network channels to some sources of information. One reason for unavailability is fear by network intermediaries that they face legal liability for carrying harmful messages. Yet changing the law to require network intermediaries to provide equal access to their services raises First Amendment questions.

Details

Internet Research, vol. 2 no. 3
Type: Research Article
ISSN: 1066-2243

Article
Publication date: 1 February 1973

J. Megarry

July 17, 1972 Industrial Relations — Action in tort — High Court — Discretion and obligation to stay proceedings — Injurious acts complained of before Industrial Court — Interim…

Abstract

July 17, 1972 Industrial Relations — Action in tort — High Court — Discretion and obligation to stay proceedings — Injurious acts complained of before Industrial Court — Interim order made by Industrial Court — Proceedings in High Court complaining of same acts — Whether acts prevented from being actionable in tort — Whether High Court should stay proceedings — Industrial Relations Act 1971 (c.72) ss. 61(1), 131(1), (2) and (3), 132(4).

Details

Managerial Law, vol. 13 no. 5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 17 August 2010

Henry H. Perritt

The purpose of this paper is to discuss the USA's movement to a digital network infrastructure which may be threatened by the unavailability of high‐speed network channels to some…

Abstract

Purpose

The purpose of this paper is to discuss the USA's movement to a digital network infrastructure which may be threatened by the unavailability of high‐speed network channels to some sources of information.

Design/methodology/approach

One reason for unavailability is fear by network intermediaries that they face legal liability for carrying harmful messages. Yet changing the law to require network intermediaries to provide equal access to their services raises First Amendment questions.

Findings

A mechanism should be established for providers of network services to inform potential customers of the terms on which they handle traffic. An electronic forum for notices of access policy would be one way to implement this recommendation.

Originality/value

Uncertainty about equal access, tort liability and First Amendment privileges adversely affects commercialization of the Internet. Commercialization must begin with acceptance of three goals for digital electronic network policy: encouraging a diversity of information products, preventing suppliers of information content from being foreclosed from access to markets, and allowing persons suffering legal injury, because of information content, to obtain compensation based on fault.

Details

Internet Research, vol. 20 no. 4
Type: Research Article
ISSN: 1066-2243

Keywords

Article
Publication date: 7 March 2023

Sam Middlemiss

This study aims to critically review new developments in the law of tort dealing with employee references.

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Abstract

Purpose

This study aims to critically review new developments in the law of tort dealing with employee references.

Design/methodology/approach

The author analysed various sources including statutes, articles and case law to determine current position. This paper will consider new developments in the law of tort dealing with employee references. The real issue for an employee arises when an employer or their manager provides them or their prospective new employer with an employment reference about them that is untrue or misleading. The impact on the employee might be that they lose a job opportunity and/or suffer damage to their reputation. In these circumstances, the subject of the reference currently has legal redress under the law of tort under both common and statute laws. This paper will concentrate on analysing the legal redress available under the law of tort and critically review this legal process in light of recent legal decisions and other legal developments. There have been various statutory developments in the area of tort which could apply here that they have resulted in the scope for a legal action being considerably limited. These have been highlighted. Also, recent cases have presented obstacles to future claims being brought in certain circumstances and these have been analysed.

Findings

The outcome of this is that pursuing a claim under the law of tort more has been made more difficult for the employees affected and accordingly is less likely to be successful. This is clearly a serious issue that deserves recognition and possibly changes in the law. A conclusion which this article supports.

Originality/value

To the best of the author’s knowledge, little has been written on this topic to date, so this paper will fill a serious void.

Details

International Journal of Law and Management, vol. 65 no. 4
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 1 March 1987

M.G. Ross

One of the most important questions involving professional liability is the extent to which a contractual client alleging lack of care and skill is able to sue in the tort of…

Abstract

One of the most important questions involving professional liability is the extent to which a contractual client alleging lack of care and skill is able to sue in the tort of negligence besides any action for breach of the contract itself. In recent years this notion of concurrent liability seems to have gained almost universal acceptance among the English judiciary. However, as the following discussion will show, there is increasing evidence of dissatisfaction with the imposition of such a dual burden. This paper considers the policy arguments for and against concurrent liability, explains the significance of the issue in relation to limitation periods, measure of damages and contributory liability, and assesses the impact of the most recent cases upon the professional's position.

Details

Structural Survey, vol. 5 no. 3
Type: Research Article
ISSN: 0263-080X

Article
Publication date: 1 February 1981

IRENE ROBERTSON, PHIL MANCUSI‐UNGARO, RICK MCGEE and STEVE MELTON

Introduction In the last decade the problem of product liability has become one of the major concerns affecting industry, consumers and government. Product liability, which…

Abstract

Introduction In the last decade the problem of product liability has become one of the major concerns affecting industry, consumers and government. Product liability, which relates to the responsibility of a manufacturer to compensate a user who suffers injury from using his product, is not a new concept. King Hammurabi of Babylon instituted these two laws over 4,000 years ago:

Details

Studies in Economics and Finance, vol. 5 no. 2
Type: Research Article
ISSN: 1086-7376

1 – 10 of over 1000