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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).

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.

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.

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.

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.

In healthcare, overuse and underuse of medical treatments represent equally dangerous deviations from an optimal use equilibrium and arouse concerns about possible implications for patients’ health, and for the healthcare system in terms of both costs and access to medical care. Medical liability plays a dominant role among the elements that can affect these deviations. Therefore, a remarkable economic literature studies how medical decisions are influenced by different levels of liability. In particular, identifying the relation between liability and treatments selection, as well as disentangling the effect of liability from other incentives that might be in place, is a task for sound empirical research. Several studies have already tried to tackle this issue, but much more needs to be done. In this chapter, we offer an overview of the state of the art in the study of the relation between liability and treatments selection. First, we reason on the theoretical mechanisms underpinning the relationship under investigation by presenting the main empirical predictions of the related literature. Second, we provide a comprehensive summary of the existing empirical evidence and its main weaknesses. Finally, we conclude by offering guidelines for further research.

A balance between environmental protection and sustainable development of the energy industry is fostered in the majority of nations. China’s economic growth has been rapid in the past few decades, with the unfortunate side effect of environmental pollution and ecological deterioration in the country. In this chapter, we provide a study of Chinese legal rules about civil liability for environmental damages in the light of objectives of sustainable development of the energy industry.

The research approach is based on the Regulatory Impact Assessment.

International funds and private investors, especially those working in FDI, have to cope with the legal framework more or less favorable to investment and innovation deriving from experimentation and development of new energy products and processes. In each jurisdiction, the mechanism of civil liability is crucial in determining such a legal framework.

The real functioning of civil liability as applied by the doctrinal and judicial interpretation has to be taken into account for minimizing the mass damages for the environment and individuals.

Different from other assumptions based on administrative rules or policy issues, the balance between environmental protection and sustainable development is considered in this chapter under a view that emphasizes the role of legal rules from a civil law perspective.

The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.

Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.

The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.

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

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.

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.

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.

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.

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:

The corporate veil or veil of incorporation is a legal concept that separates the legal and juristic personality of a company from its members, directors and other stakeholders. Indeed, common law has provided for numerous circumstances in which the corporate veil of a company may be lifted, and courts rely on these case law precedents to determine the grounds for lifting the corporate veil. However, there is limited case law regarding environmental torts as a ground for lifting the veil of incorporation and there is no legal provision in Mauritius which recognises environmental crimes as an exception to corporate veil. Consequently, this paper aims to discuss the liability of decision-makers of a company in the case of corporate environmental wrongdoings and thereafter, to present a case for amending Mauritius laws to give recognition to environmental torts as a ground of lifting the corporate veil.

This paper has adopted the black-letter approach and the comparative research methodology. The laws of Mauritius on corporate veil will be compared to the related laws of the USA and Canada with the view of seeking recommendations for Mauritius, as these countries are known to have an extensive legal framework on environmental crimes as a ground to lift the corporate veil.

It is concluded that it is high time for Mauritius to adopt a separate manslaughter law that would incorporate crimes committed to the environment by corporate bodies as a ground for lifting the corporate veil and thereby attacking individual stakeholders concerned.

This study is among the first researches conducted in the field of environmental torts as a ground for lifting the corporate veil in Mauritius.