WorldWideScience

Sample records for tort liability

  1. The Principal and Tort Liability.

    Science.gov (United States)

    Stern, Ralph D.

    The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is…

  2. Roadway related tort liability and risk management.

    Science.gov (United States)

    2010-06-01

    This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

  3. Tort Liability of School Districts, Officers, and Employees

    Science.gov (United States)

    Knowles, Laurence

    1972-01-01

    Discusses the tactics of tort litigation in the public area, and outlines 1972 State and Federal court cases involving such tort liability issues as (1) governmental immunity, (2) negligence and foreseeability, (3) assumption of risk, (4) contributory negligence, and (5) independent intervening cause. (JF)

  4. Exposing government response action contractors to environmental tort liability

    International Nuclear Information System (INIS)

    Roy, M.J.

    1991-01-01

    Government contractors, particularly those involved with hazardous waste response action activities, are encountering increased risks for environmental tort liabilities. Contracts often include tasks and work assignments requiring the management of industrial, chemical, nuclear or mining wastes, spent fuels, munitions or other toxic substances. Contractors exposure to liability for damages results directly from the environmental laws and regulations pursuant to which the Government has contracted them to respond. Additionally, contractors may be exposed to common law liability under such dogmas as nuisance, trespass and strict liability in tort

  5. Torts Liability for Strike Action and Third Party Rights.

    Science.gov (United States)

    Raday, Frances

    1979-01-01

    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  6. A Note on the Equivalence between Contractual and Tort Liability

    OpenAIRE

    Germán Coloma; Sergio Pernice

    2000-01-01

    The aim of this paper is to conciliate some conclusions of the economic theories of breach of contract and tort law. The main result is that the two efficient alternatives that tort law identifies (negligence rule and strict liability with a defense of contributory negligence) are mirrored by two efficient ways of defining contract damages. The first consists of forcing the debtor to pay expectation damages but limiting the level of the creditor’s reliance (rule of damage mitigation). The sec...

  7. Torts.

    Science.gov (United States)

    Thurston, Paul W.

    Chapter 5 of a book on school law, this chapter reports the cases decided during 1979 involving tort claims in the schools. The cases are organized according to headings including negligence (with an emphasis on student injuries), educational malpractice, negligence defenses (especially common law and statutory immunity), liability insurance,…

  8. Torts.

    Science.gov (United States)

    Thurston, Paul W.

    This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

  9. Crime on Campus: Institutional Tort Liability for the Criminal Acts of Third Parties.

    Science.gov (United States)

    Raddatz, Anita

    To aid colleges and universities in protecting students and other potential victims of crime, a general analysis of the pertinent case law concerning institutional tort liability for campus crime is provided. The analysis of case law explains that lawsuits are usually based on the theory of negligence. Negligence consists of four elements: duty;…

  10. Civil Liability of Teachers for Injuries to Students, and Other Torts.

    Science.gov (United States)

    Brown, R. A.

    1986-01-01

    Addresses issues involving the tort liability of Australian teachers. Explores broad interpretations of negligence, such as giving students incorrect information or negligent advice resulting in some physical or economic damage to the student. Exhorts teachers to provide their charges with the best advice possible for their individual development.…

  11. Tort Damages

    NARCIS (Netherlands)

    L.T. Visscher (Louis)

    2008-01-01

    textabstractAbstract: In this Chapter, I provide an overview of Law and Economics literature regarding tort damages. Where necessary, attention is also spent to rules of tort liability. Both types of rules provide behavioral incentives to both injurers and victims, with respect to their level of

  12. Sports Law: Tort Liability of the College and University Athletic Department Administrator.

    Science.gov (United States)

    Nolte, M. Chester

    A tort is an actionable wrong, other than breach of contract, that the courts will recognize and intervene to equalize. There are three questions the court will ask: Did someone owe someone else a duty? Was there a breach of duty owed? Was the breach the proximate cause of the plaintiff's injury? The grounds for injury actions may be classified as…

  13. The College Professor's Professional Liability

    Science.gov (United States)

    Griggs, Walter S.; Rubin, Harvey W.

    1977-01-01

    The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

  14. Legal Realism in Action: Indirect Copyright Liability's Continuing Tort Framework and Sony’s de facto Demise

    OpenAIRE

    Menell, Peter S.; Nimmer, David

    2007-01-01

    The Supreme Court’s indirect copyright liability standard, derived in Sony Corporation of America v. Universal City Studios from patent law and reasserted in Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd, is widely seen as creating a safe harbor for distributors of dual use technologies. Yet, when one looks to cases decided since Sony, legislative enactments, and the decisions of technology companies in the marketplace, a very different reality emerges. This article explores and explains ...

  15. Tort and the Teacher: Some Considerations.

    Science.gov (United States)

    Hammes, Richard P.

    1979-01-01

    This article provides teachers with an overview on tort liability as it applies to their profession, especially in relation to student injuries. Such legal concepts as tort, negligence, and in loco parentis are discussed and guidelines are drawn from selected court cases. (SJL)

  16. Prescription for fairness: a new approach to tort liability of brand-name and generic drug manufacturers.

    Science.gov (United States)

    Rostron, Allen

    2011-02-01

    Over the past two decades, courts have consistently ruled that the manufacturer of a brand-name prescription drug cannot be liable for injuries suffered by those taking generic imitations of its product. This meant that a patient injured by a generic drug could have no remedy at all because in many instances the generic drug manufacturer would escape liability on the ground that it did not produce any information on which the patient's doctor relied. It was a perplexing dilemma. The generic drug manufacturer made the product that the plaintiff received, the brand-name manufacturer produced all of the information the patient's doctor saw, and neither manufacturer could be held liable even if each acted negligently. The California Court of Appeal recently issued a stunning decision in which it concluded that a brand-name drug manufacturer could be liable to a plaintiff who took a generic version of its product. The reaction to the decision has been overwhelmingly negative. Commentators have condemned the decision as one of the worst rulings made by any court in recent years. Judges around the country have dismissed it as a misguided aberration from the otherwise strong judicial consensus on the issue. Although the decision has been the subject of scathing criticism, this Article argues that the California court's ruling actually represents the first time that a court has properly examined this issue. In addition, the Article points out some weaknesses in the California court's reasoning and proposes a novel general framework for analyzing the liability of brand-name and generic drug manufacturers.

  17. Compensating Victims of Personal Injury in Tort: The Nigerian Experience So Far

    OpenAIRE

    Oluwakemi ADEKILE

    2013-01-01

    This paper is a critical evaluation of the compensation system for personal injury tort in Nigeria. The present compensation system under the law of tort leaves many victims of personal injury uncompensated in Nigeria. This stems from many factors, including the fact that traditional tort theory of no liability without fault has continued to be the principal basis for liability. This is in spite of the heavy criticisms of the tort regime as an ineffective mode of compensation. Through an anal...

  18. Negative liability

    NARCIS (Netherlands)

    Dari-Mattiacci, G.

    2009-01-01

    Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive

  19. Teaching about Tort Law--My Actions, My Actions, Somebody Got Hurt!

    Science.gov (United States)

    Rose, Stephen A.

    1997-01-01

    Presents a lesson plan that uses cases to teach students about three types of torts: intentional wrongs, negligence, and strict liability. Torts are wrongful actions (not involving a breech of contract) that may result in a civic action. Includes lesson procedures, objectives, and student handouts on torts and negligence cases. (MJP)

  20. Tort reform: an issue for nurse practitioners.

    Science.gov (United States)

    Klutz, Diane L

    2004-02-01

    To inform nurse practitioners (NPs) about the issues related to tort reform and its relationship to malpractice insurance costs. Current journals, newspapers, professional newsletters, and Internet sites. NPs are paying more for their malpractice premiums, and many are losing their places of employment as clinics close due to the increased cost of premiums. One method proposed for curbing the flow of monies spent on premiums and litigation is tort law reform. California serves as an example; its Medical Injury Compensation Reform Act (MICRA) tort reform law was passed 25 years ago, and it has maintained stable malpractice premiums. Other states have proposed similar laws, but some have not had similar success. To curb litigation costs, not only should tort laws be reformed, but NPs and physicians should keep abreast of current practice standards in order to provide quality medical care. Like physicians, NPs are affected directly by tort laws. These laws hold NPs accountable at the same level as physicians. In addition, many states limit NPs' practice to delegation of authority by a physician. Liability is therefore transferred from the NP to the physician and vice versa in cases of injury or wrongful act. In addition, many NPs are finding it increasingly difficult to locate insurers who will write policies for medical liability.

  1. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

    Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... for policy makers and courts in awarding damages in a large number of real-world accident cases....

  2. Islamic law of tort

    OpenAIRE

    Mohamad, Abdul Basir Bin

    1997-01-01

    The aim of this thesis is to discover cases and principles governing tort in Islamic law. The study is divided into six chapters, an introduction and a conclusion. The Introduction contains the explanation of the general characteristic of crime and tort, the scope, the importance of the study, methodology and the relevant literature of the thesis. Chapter one defines Western and Islamic law of tort, the existence of tort in Islām, some similar concepts between Western and Islām on the law o...

  3. Institutional Liability for Student Activities and Organizations.

    Science.gov (United States)

    Richmond, Douglas R.

    1990-01-01

    Examines higher education institutional liability in the following areas: (1) in tort, based on negligence, for physical harm to students; (2) in tort, for defamation flowing from student media; and (3) in contract, arising out of student organizations' business relationships with third parties. (222 references) (MLF)

  4. Children in Civil Law: The Tort of Negligence.

    Science.gov (United States)

    Sheehy, N. P.; Chapman, A. J.

    1984-01-01

    Examines judgments involving children under the tort of negligence, using All England Law Reports for 1939 to 1983 and some cases from other countries. Discusses "contributory negligence,""parental liability,""responsibility,""allurement," and "res-ipsa loquitur." Suggests more use of developmental…

  5. Faculty Tort Liability for Libelous Student Publications

    Science.gov (United States)

    Stevens, George E.

    1976-01-01

    Examines recent court cases to determine whether a school administrator or faculty advisor may be legally responsible for defamation in a student publication. Concludes that the legal position of faculty members is unclear and recommends application of the U.S. Supreme Court's guidelines in Gertz v. Robert Welch, Inc. (JG)

  6. Compensating Victims of Personal Injury in Tort: The Nigerian Experience So Far

    Directory of Open Access Journals (Sweden)

    Oluwakemi ADEKILE

    2013-08-01

    Full Text Available This paper is a critical evaluation of the compensation system for personal injury tort in Nigeria. The present compensation system under the law of tort leaves many victims of personal injury uncompensated in Nigeria. This stems from many factors, including the fact that traditional tort theory of no liability without fault has continued to be the principal basis for liability. This is in spite of the heavy criticisms of the tort regime as an ineffective mode of compensation. Through an analytical assessment of selected core heads of claims in tort, the paper reveals the inadequacy in the foundations of tort law and its regulation of claims for personal injury in Nigeria. Implications: It finds that fault as the primary foundation of tort law in Nigeria creates a large volume of uncompensated plaintiffs, who, without an efficient alternative social security to fall upon, have to personally bear their losses. In the light of this, the paper uses examples from other jurisdictions to recommend that tort law in Nigeria is in need of more legislative intervention. Value: The paper recommends that the provision of a sustainable compensation system for personal injury is imperative for social justice in Nigeria.

  7. 48 CFR 352.228-7 - Insurance-liability to third persons.

    Science.gov (United States)

    2010-10-01

    ... not caused by the negligence of the Contractor or the Contractor's agents, servants, or employees, and... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting... tort liability as a State agency, the Contracting Officer shall substitute the following paragraphs (a...

  8. Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing

    Science.gov (United States)

    Evans, Barbara J.

    2014-01-01

    Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends. PMID:24030435

  9. Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing.

    Science.gov (United States)

    Evans, Barbara J

    2013-12-01

    Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends.

  10. Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2012-01-01

    Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

  11. Phillips v Eyre and its application to multi-state torts in Nigeria: A ...

    African Journals Online (AJOL)

    What determines the jurisdiction of a court is different from what informs which law is applicable to a matter. In multi-state tort actions, it is a general principle of traditional English common law that a forum court applies the forum law to such actions provided 'double liability' of the defendant is proved. This is what is known as ...

  12. Tort versus no-fault: compensation and injury prevention.

    Science.gov (United States)

    O'Connell, J

    1987-02-01

    The tort system, as a means of compensating the victims of injury, no longer fulfills the purpose for which it was intended. The attempt to achieve a fair and rational method of compensation, especially in the areas of medical malpractice and products liability, has been displaced by a form of litigation lottery which permits attorney's fees to divert great amounts of money from victims in needs. A reform of this system is much in need and long overdue. Following a discussion of these and other problems with the tort system, this paper will present a method for ensuring the prompt settlement of most personal injury claims through payment of the victim's net economic losses. The parallels to no-fault auto insurance and workers' compensation are examined and attention is given to the likely impact of this proposal on the conduct of potential injurers and victims.

  13. Making decisions about liability and insurance a special issue of the journal of risk and uncertainty

    CERN Document Server

    Kunreuther, Howard

    1993-01-01

    Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, no...

  14. Tort Law and the Civil Jury.

    Science.gov (United States)

    Pittman, Keith A.

    1997-01-01

    Briefly reviews the historical developments of tort law and identifies some of its main component. Tort law concerns wrongful acts (not involving a breach of contract) that may result in a civil action. Major areas include personal injury and wrongful death, intentional torts, negligence, professional malpractice, misrepresentation, and libel.…

  15. Tort law under oligopolistic competition

    OpenAIRE

    Mondello, Gérard; Salies, Evens

    2016-01-01

    This article extends the unilateral accident standard model to allow for Cournot competition. Assuming risk-neutrality for the regulator and injurers, it analyzes three liability regimes: strict liability, negligence rule, and strict liability with administrative authorization or permits systems. Under competition the equivalence between negligence rule and strict liability no longer holds, and negligence insures a better level of social care. However, enforcing both a permit system and ...

  16. Perspectives on a Torts Course.

    Science.gov (United States)

    Bernstein, Anita

    1993-01-01

    One law professor has added interest to a torts course by asking students to select one of five perspectives (economics, corrective justice, feminism, libertarianism, and practicality) on the course content and study it throughout the course. On the final examination, each student must answer one essay question from that viewpoint. (MSE)

  17. Professional liability. Etiology.

    Science.gov (United States)

    White, K C

    1988-03-01

    Once again, I find Mr. Cooper quote-worthy for his statement, "It is incumbent upon the trial bar not to support the status quo merely because it is in our economic interest. Change is in the wind, and our tort system will be blown away on the winds of change for change's sake unless we participate in correcting deficiencies in the tort system and civil jury trial process." I suggest that we cannot ask for change for our own economic interest, nor can we lay blame exclusively to the other etiologic elements. We must improve those elements within our purview. The prayer of serenity may serve us well: God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. In the game of professional liability litigation as played by the rules extant there are clearly winners and losers. The winners are the legal profession, both plaintiff and defense, and the insurers, who in the face of adversity simply increase premiums or withdraw from the market. The losers are the medical profession, the patients for whom they care and, in the broadest sense, our society as a whole. So as not to close on a note of gloom, one last quote. Lawrence H. Cooke, former Chief Judge of New York State, in remarks to the April 1986 National Symposium on Civil Justice Issues stated, "Our justice systems are beset with very real problems.(ABSTRACT TRUNCATED AT 250 WORDS)

  18. THE BASIS OF MEDICAL LIABILITY A) CONTRACT AND TORT are ...

    African Journals Online (AJOL)

    showed such disregard for the life and safety of others as to amount to a crime against the State and conduct deserving punishment. LITIGATION IN MEDICAL PRACTICE. The most common examples of the interjection of the law into medicine occur when patients sue their physicians or health professionals for malpractice.

  19. THE BASIS OF MEDICAL LIABILITY A) CONTRACT AND TORT are ...

    African Journals Online (AJOL)

    damages from health care providers for negligence. However, this ... A nurse might be sued for assault and battery if he or she intentionally harms another person with an improper .... guaranteeing a cure or a man of the very highest skill in his.

  20. Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market

    OpenAIRE

    Eric Helland; Darius N. Lakdawalla; Anup Malani; Seth A. Seabury

    2014-01-01

    In a complex economy, production is vertical and crosses jurisdictional lines. Goods are often produced by an upstream national or global firm and improved or distributed by local firms downstream. In this context, heightened products liability may have unintended consequences on product sales and consumer safety. Conventional wisdom holds that an increase in tort liability on the upstream firm will cause that firm to (weakly) increase investment in safety or disclosure. However, this may fai...

  1. Legal Liability of Children and Parents in North Dakota.

    Science.gov (United States)

    Hanson, Randall K.

    Three legal issues are examined: (1) the responsibility of children for breached contracts and the commission of torts; (2) parental liability; and (3) relevant law in North Dakota and other states. The people most affected by the actions of children are parents, merchants, and victims of vandalism. People who enter into contracts with children…

  2. The jurisprudence of product liability in Nigeria: a need to ...

    African Journals Online (AJOL)

    Bearing in mind that a principal rationale of tort law is to ensure that prejudiced parties are compensated for losses suffered, this article explains why it is necessary to assess and review applicable principle of liability in Nigeria to ensure that it is in line with the demands of justice, which should be in conformity with the ...

  3. Chernobyl and the international liability regime

    International Nuclear Information System (INIS)

    Brunner, G.; Schmidt, C.

    1986-01-01

    The authors investigate whether Federal German citizens would have any success in claiming compensation for damage as a result of the Chernobyl reactor accident in a Soviet court, and the answer is positive in terms of substantive law. Actions would have to be filed against the AES at Chernobyl to the Chernobyl county court, which would examine the claims according to Soviet (Ukrainian) civil law, and taking into account two aspects of liability, namely strict liability, and liability in tort. However, it would indeed be more realistic to expect that any such action would be dismissed by the court upon the directive of political authorities, as the Soviet Government certainly would have no interest at all to give any foreign citizen the chance to win a case in such a politically significant matter. (orig./HSCH) [de

  4. Facing the challenge of nuclear mass tort processing

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2017-01-01

    A great majority of states do not issue any specific legislation on nuclear mass tort litigations. They apparently build on general traditional practice as most probably already tried and tested in other areas. Some states defer the decision on the way to deal with mass tort claims to the time of the nuclear incident. They insert into their nuclear liability laws respective 'reminders' that contain an invitation or a demand to the legislator to take appropriate steps if and when necessary. Finally, there are a number of states that enacted elaborate regimes on how to react to, and organise, compensation of mass damages after a catastrophic nuclear incident. Among those states are in particular major nuclear states like Canada, India, Japan and the US. They developed compensation schemes where claims for compensation of nuclear damage shall be dealt with by fora that are not regular courts. In some of those states, the fora are exclusively competent without a right to appeal their decisions, while in other states the fora act in parallel or in complement to courts. So the international scenario appears to be somewhat confusing. Of course, sovereign states are free to organise claims processing, including nuclear mass claims processing, as they deem fit. The discretion of states is, however, limited by obligations under public international law. With regard to the victims of nuclear incidents, states are particularly bound by obligations under the 1948 Universal Declaration of Human Rights and other relevant instruments they may be a party to. National nuclear mass claim processing has in particular to comply with the obligation to guarantee 'a fair and public hearing by an independent and impartial tribunal'. With regard to possible international obligations vis-a-vis other states, it has to be taken into account that major nuclear incidents, as a rule, have transboundary detrimental effects. There is always a potential impact on territories

  5. Torts on hazardous wastes management

    OpenAIRE

    Castro Buitrago, Erika Joullieth; Aguilar Maya, Luis Guillermo

    2007-01-01

    El artículo expone los resultados de investigación sobre el régimen de responsabilidad civil extracontractual aplicable a la gestión de residuos peligrosos en Colombia. El análisis parte de la definición y características de peligrosidad de los residuos y/o desechos, la reglamentación, la doctrina nacional y jurisprudencia de acciones populares en la materia.  The present article explains the results of an investigation about the extracontractual civil liability applied to the management o...

  6. “Jones-ing” for a Solution: Commercial Street Surveillance and Privacy Torts in Canada

    Directory of Open Access Journals (Sweden)

    Stuart Hargreaves

    2014-07-01

    Full Text Available While street surveillance technologies such as Google Street View are deployed with no discriminatory intent, there is selective scrutiny applied to the published imagery by the anonymous crowd. Disproportionately directed at women and members of ethnic minority groups, this scrutiny means the social risks of street surveillance are not equal. This paper considers the possibility of invasion of privacy actions in tort brought against the commercial service provider as a possible solution. Analysis suggests that Canadian law has evolved in a way such that it is exceedingly difficult to make a claim for “privacy” in tort when the plaintiff is located in public space. This evolution exists in order to ensure that innocuous behavior not be rendered actionable. Furthermore, conceptual reasons exist to suggest that actions in tort are unlikely to be the best solution to the problems posed by commercial street surveillance. While any individual case of embarrassment or nuisance matters, broader “macro-harms” that impact entire communities reflect perhaps the most serious problem associated with the selective scrutiny of street surveillance imagery. Yet, it seems difficult to justify attaching liability for those harms to the commercial providers. While limits need to be placed on the operation of these street surveillance programmes, it is unlikely that invasion of privacy actions are the most effective way to achieve that goal.

  7. Contracting Out of the Provision of Welfare Services to Private Actors and Liability Issues

    DEFF Research Database (Denmark)

    Ulfbeck, Vibe Garf; Andrecka, Marta

    2017-01-01

    there is no contract between the individual and the private service provider there may be several obstacles to a claim against the private service provider based on contract. At the same time it is a general tort law principle that there is no vicarious liability for independent contractors, making it difficult also......The article discusses liability issues related to the contracting out of welfare services. It focuses on the possible liability of the private actor and of the public entity towards the individual (the citizen) for non- performance or malperformance of the welfare service. It is argued that since...... to succeed with a claim against the public entity based on tort law. Thus, a liability gap seems to exist. However, the article demonstrates that there are signs in different jurisdictions that solutions are being found in case law to this problem allowing to some extent for the imposition of some kind...

  8. The Anatomy of a Constitutional Tort.

    Science.gov (United States)

    Horner, Jeffrey J.

    1988-01-01

    Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

  9. Tort law and medical malpractice insurance premiums.

    Science.gov (United States)

    Kilgore, Meredith L; Morrisey, Michael A; Nelson, Leonard J

    2006-01-01

    This paper estimated the effects of tort law and insurer investment returns on physician malpractice insurance premiums. Data were collected on tort law from 1991 through 2004, and multivariate regression models, including fixed effects for state and year, were used to estimate the effect of changes in tort law on medical malpractice premiums. The premium consequences of national policy changes were simulated. The analysis found that the introduction of a new damage cap lowered malpractice premiums for internal medicine, general surgery, and obstetrics/gynecology by 17.3%, 20.7%, and 25.5%, respectively. Lowering damage caps by dollar 100,000 reduced premiums by 4%. Statutes of repose also resulted in lower premiums. No other tort law changes had the effect of lowering premiums. Simulation results indicate that a national cap of dollar 250,000 on awards for noneconomic damages in all states would imply premium savings of dollar 16.9 billion. Extending a dollar 250,000 cap to all states that do not currently have them would save dollar 1.4 billion annually, or about 8% of the total. A negative effect on malpractice premiums was found for the Dow Jones industrial average, but not for bond prices; effects of the Nasdaq index were not significant for internal medicine, but were marginally significant for surgery and obstetrics premiums.

  10. Liability of suppliers to nuclear power plants in Western Europe

    International Nuclear Information System (INIS)

    Kuhn, W.

    1988-01-01

    The Paris Convention provides that liability for a nuclear incident is channelled onto the operator of the nuclear installation concerned. However, the author analyses in which cases and by what mechanisms, the operator can have a right of recourse against a supplier of that installation. He illustrates, by several scenarios of nuclear incident with transfrontier effects how a supplier may be held liable, and describes the relevant rules of law applicable, based on private international law and tort law principles (NEA) [fr

  11. Liability to disgorge profits upon breach of contract or a delict

    NARCIS (Netherlands)

    Schrage, E.J.H.

    2013-01-01

    Remedies regarding contract and tort are, generally speaking, concerned with the incidence of liability for loss or damage suffered, whereas the claim in unjust enrichment is said to require that the enrichment has occurred at the expense of the creditor. Consequently claims for breach of contract

  12. The School District's Liability in Cases of Violent Attacks on Students and Employees.

    Science.gov (United States)

    Maze, Jerry G.

    The school's responsibility to provide a safe learning environment for students is examined in this paper. Failure to take preventative measures may result in loss of government tort immunity and charges of negligence liability. A review of case law indicates a trend toward successful litigation by plaintiffs against school districts--a decline in…

  13. Liability Issues

    International Nuclear Information System (INIS)

    O’Donoghue, K.

    2016-01-01

    Nuclear liability conventions try to provide a set of rules to govern third party liability. Not all States are parties to one of the existing liability conventions. There are a number of reasons why individual States may choose not to join one of the existing conventions. These include limits of compensation, jurisdiction issues, complexity, cost and definition of damage among others. This paper looks at the existing conventions and identifies some of the main issues in the existing conventions which prevent some States from signing them. The paper attempts to tease out some of the perceived gaps in the existing conventions and give a brief description of the reasons why non-Contracting Parties have difficulty with the provisions of the conventions. The paper recognizes that there has been work done in this area previously by the International Expert Group on Nuclear Liability (INLEX) and others to try to develop the existing frameworks to enhance global adherence by nuclear and non-nuclear States to an effective nuclear liability regime. (author)

  14. Pre- and post-processing of TORT data and preliminary experience with TORT version 3

    International Nuclear Information System (INIS)

    Hoogenboom, J.E.; John, T.M.; Hersman, A.; Leege, P.F.A. de

    1997-01-01

    As the cross-section input to the TORT 3-D transport code is very rigid, subroutines have been included in the local version of TORT to process other cross-section libraries. A mixing table routine was added in order to prepare macroscopic cross-sections from microscopic cross-section libraries. Post-processing was added through additional output flux files in the CCCC-format together with the GEODST file describing the geometry. Recently the new TORT version 3 was successfully installed. However, many problems had to be solved to properly extract the source code and documentation from the UNIX script delivered with the code package. Preliminary tests did not show big differences in performance with the older version. (R.P.)

  15. A Lawyer's Primer on Feminist Theory and Tort.

    Science.gov (United States)

    Bender, Leslie

    1988-01-01

    An overview of major components of feminist theory is given and their use in critiquing tort law is illustrated, focusing in particular on a standard-of-care analysis. It is proposed that the same method can be used to examine many other aspects of negligence and tort law. (Author/MSE)

  16. Boards of Directors' and Management's Liability in Law in Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    2011-01-01

    The article demonstrates that written standards for the basis of liability are playing an ever greater role relative to unwritten standards under tort law. It is noted that following the bank failures in the wake of the financial crisis in 2008, a significant number of cases are proceeding...... in Denmark in which liability for exorbitant sums is being imputed to members of the boeard of directors and management and external and internal accountants. The new Danish companies act in force from 1 March 2010 made no apparent change to the standards concerning liability. Nonetheless, the companies act...... emphasizes in various places that this or that is "the responsibility of the board of directors or management", and by emphasizing such legally defined focal points, the companies act is thus nevertheless instrumental in clarifying - and in the longer term perhaps to some degree increasing the stringency...

  17. Tort Suits Against Federal Contractors: An Overview of the Legal Issues

    Science.gov (United States)

    2011-04-07

    Although tort law “exists on a spectrum of culpability,”16 most plaintiffs seeking recovery bring their tort suits based on a theory of negligence ...in contract terms and performance. Other contractors have asserted that state tort law claims against them are preempted under the Federal Tort ...based its decision on the “discretionary function” exception to the FTCA, some lower courts have found that state tort law claims may also be

  18. Organizational liability for adverse reactions to the contrast media

    International Nuclear Information System (INIS)

    Lim, Chang Seon

    2007-01-01

    Contrast medium is a very useful tool for X-ray examinations. But contrast medium has some unavoidable adverse reactions. For those patients who have never received contrast medium before, it is impossible to predict whether they will suffer from certain kinds of adverse reactions. Thus, radiologists should use strategies to minimize adverse events and be prepared to promptly recognize and manage any reactions to the contrast media. If a radiologist commits medical malpractice, he will face civil responsibility. Medical malpractice means a tort or breach of contrast that occurs in a medical setting. Medical malpractices happen, despite the efforts of hospital staff. Many courts have applied the traditional doctrine of respondeat superior in actions against organizations for injuries caused by their employees. It is a legal doctrine, which states that an employer is responsible for employee actions performed within the course of the employment. A hospital is an organization for health purposes. An organization may be convicted of an offense committed by an employee of the organization acting in its behalf and within the scope of this office or employment. Organizational liability involves a wide variety of legal issues, including tort liability, wrongful employment practices, personal injury, breach of fiduciary duty, and so on. Many executive directors of organizations are aware of their personal and organizational risks of exposure to legal liabilities. The employer must have the right to control the physical conduct of the employee and must consent to receive the employee's services, while expecting some benefits from the services offered. Therefore, legal liability can be imposed for improper selection, assignment, training, and supervision of employees. In conclusion, the hospital itself has organizational liability for adverse reactions to the contrast medium

  19. Permitting product liability litigation for FDA-approved drugs and devices promotes patient safety.

    Science.gov (United States)

    Kesselheim, A S

    2010-06-01

    In 2008 and 2009, the Supreme Court reviewed the question of whether patients injured by dangerous prescription drugs or medical devices can bring tort lawsuits against pharmaceutical and device manufacturers. The Court ruled that claims against device manufacturers were preempted while claims against pharmaceutical manufacturers were not. The threat of product liability lawsuits promotes patient safety by encouraging manufacturers to take greater responsibility in providing clear warnings about known adverse effects of their products.

  20. Liability for contaminated property : the interaction between regulation and the common law

    Energy Technology Data Exchange (ETDEWEB)

    MacWilliam, A.G. [Milner Fenerty, Calgary, AB (Canada)

    1998-12-31

    The criteria used for guidelines by environmental regulators to set acceptable levels of contamination for the purposes of site remediation were discussed. For the purposes of liability under environmental legislation, the guidelines allow `persons responsible` for property contamination to have an idea of the extent to which they must remediate. The guidelines provide a standard of cleanliness which takes into account the protection of environmental quality and human health. This paper describes common law causes of action, including claims in tort and claims in contract. Issues of negligence, nuisance, and liability under Rylands v. Fletcher are also addressed.

  1. Receptum Liability of Skippers, Innkeepers and Stable Keepers in Roman Law

    Directory of Open Access Journals (Sweden)

    Mehmet YEŞİLLER

    2013-06-01

    Full Text Available Our study discusses the regulations regarding the liabilities of skippers, innkeepers and stable keepers in Roman Law. It is clear from the resources that "actio de damno aut furto adversus nautas, caupones, stabularios and receptum, nautae, cauponis, stabularii" responsibilities used to be regulated in addition to custodia liability arising from the hire of work between the parties, particularly because personnels of skippers, innkeepers and stable keepers were unreliable. These practices, which were implemented with Praetor Edictum and relied on practices of similar quasi torts, widely applied to areas which were not protected by the hire of work in Rome.

  2. Nuclear third party liability in Germany

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2016-01-01

    latter side. This was also motivated, and reinforced, by a drive for 'normalisation' of third party nuclear liability law. Apart from the principle of legal channeling, which it finally accepted, Germany has tried to narrow the divide between normal civil tort law and nuclear liability law as far as possible

  3. Some Considerations on the Liability of Principal for Acts of the Agent

    Directory of Open Access Journals (Sweden)

    Mirela COSTACHE

    2012-11-01

    Full Text Available The objective of this research is to briefly examine the stipulations of article 1373 of the Civil Code, referring to regulating the tort liability of the principal for the illicit act of the agent. From a comparative point of view with the old provisions, and also in a critical formulation, the study contributes in supporting the recognition of principle nature of the subject under review. Using content analysis, through descriptive documentary research and case-law analysis, this study aims at identifying the content of the obligation for the liability of the principal, presenting a view on the legal status of such type of legal liability. The paper continues further research in this area which has been published in various publications. The concrete results of the research focuse on the examination and interpretation of the new provisions relating to subsistence of the general and special conditions of this type of liability

  4. Limitation of third party nuclear liability. Causes, implications and future possibilities

    International Nuclear Information System (INIS)

    Radetzki, M.

    1999-01-01

    Third party liability of the nuclear power generation industry is discussed. It has several purposes. One is to clarify the distinctive features of nuclear liability as compared with traditional liability in tort. Particular interest is devoted to one such feature, namely the express liability limitation from which the nuclear power generation industry benefits. The causes and implications of this feature are discussed. One important implication of the current order is that the top risk of the nuclear power generation industry is explicitly or implicitly transferred to governments. This risk transfer can be regarded as a subsidy to the nuclear power generation industry. Subsidizations counteract efficiency. Therefore, the possibilities of neutralizing or abolishing the subsidy are explored. (author)

  5. Managing nuclear liabilities

    International Nuclear Information System (INIS)

    Pooley, D.

    1997-01-01

    This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

  6. DORT and TORT workshop -- Outline for presentation for performance issues for large problems

    International Nuclear Information System (INIS)

    Barnett, A.

    1998-04-01

    This paper addresses the problem of running large TORT programs. The problem being a limited amount of time per job and limited amount of memory and disk space. The solution that the author outlines here is to break up the TORT run in time and space. For the time problem run multiple, sequential, dependent jobs. For the space problem use TORT internal memory conservation features. TORT is a three-dimensional discrete ordinates neutron/photon transport code

  7. Testing the Immunity of the Firearm Industry to Tort Litigation.

    Science.gov (United States)

    Studdert, David M; Donohue, John J; Mello, Michelle M

    2017-01-01

    In the absence of congressional action to reinstate the federal ban on assault weapons, tort litigation offers an alternative strategy for regulating what have become the weapons of choice in mass shootings. However, opportunities to bring successful claims are limited. To prevail, plaintiffs must show that their suit fits within exceptions to the broad immunity from tort actions that Congress gave the firearm industry in the 2005 Protection of Lawful Commerce in Arms Act. In one particularly high-profile lawsuit, families of victims of the school shooting in Newtown, Connecticut, in 2012 sued the makers and sellers of the military-style rifle used in the attack, alleging negligence and deceptive marketing. The trial court dismissed the case on October 14, 2016, but the plaintiffs plan to appeal. We review the history of tort litigation against the firearm industry, outline the Newtown families' claims, and describe the decision.

  8. Multitasking TORT Under UNICOS: Parallel Performance Models and Measurements

    International Nuclear Information System (INIS)

    Azmy, Y.Y.; Barnett, D.A.

    1999-01-01

    The existing parallel algorithms in the TORT discrete ordinates were updated to function in a UNI-COS environment. A performance model for the parallel overhead was derived for the existing algorithms. The largest contributors to the parallel overhead were identified and a new algorithm was developed. A parallel overhead model was also derived for the new algorithm. The results of the comparison of parallel performance models were compared to applications of the code to two TORT standard test problems and a large production problem. The parallel performance models agree well with the measured parallel overhead

  9. Multitasking TORT under UNICOS: Parallel performance models and measurements

    International Nuclear Information System (INIS)

    Barnett, A.; Azmy, Y.Y.

    1999-01-01

    The existing parallel algorithms in the TORT discrete ordinates code were updated to function in a UNICOS environment. A performance model for the parallel overhead was derived for the existing algorithms. The largest contributors to the parallel overhead were identified and a new algorithm was developed. A parallel overhead model was also derived for the new algorithm. The results of the comparison of parallel performance models were compared to applications of the code to two TORT standard test problems and a large production problem. The parallel performance models agree well with the measured parallel overhead

  10. Medical error reduction and tort reform through private, contractually-based quality medicine societies.

    Science.gov (United States)

    MacCourt, Duncan; Bernstein, Joseph

    2009-01-01

    The current medical malpractice system is broken. Many patients injured by malpractice are not compensated, whereas some patients who recover in tort have not suffered medical negligence; furthermore, the system's failures demoralize patients and physicians. But most importantly, the system perpetuates medical error because the adversarial nature of litigation induces a so-called "Culture of Silence" in physicians eager to shield themselves from liability. This silence leads to the pointless repetition of error, as the open discussion and analysis of the root causes of medical mistakes does not take place as fully as it should. In 1993, President Clinton's Task Force on National Health Care Reform considered a solution characterized by Enterprise Medical Liability (EML), Alternative Dispute Resolution (ADR), some limits on recovery for non-pecuniary damages (Caps), and offsets for collateral source recovery. Yet this list of ingredients did not include a strategy to surmount the difficulties associated with each element. Specifically, EML might be efficient, but none of the enterprises contemplated to assume responsibility, i.e., hospitals and payers, control physician behavior enough so that it would be fair to foist liability on them. Likewise, although ADR might be efficient, it will be resisted by individual litigants who perceive themselves as harmed by it. Finally, while limitations on collateral source recovery and damages might effectively reduce costs, patients and trial lawyers likely would not accept them without recompense. The task force also did not place error reduction at the center of malpractice tort reform -a logical and strategic error, in our view. In response, we propose a new system that employs the ingredients suggested by the task force but also addresses the problems with each. We also explicitly consider steps to rebuff the Culture of Silence and promote error reduction. We assert that patients would be better off with a system where

  11. Due diligence duties for an environmental liability

    International Nuclear Information System (INIS)

    Huebsch, M.

    2000-04-01

    Jurisdiction turned out well to create a basic ruling for due diligence duties. These due diligence duties are high standards for the law of torts (outside of contracts) within the Austrian civil law and represent a liability-extension for the holder of the source of danger. They establish an action for injunction in particular for preventing (further) damages. Therewith due diligence duties get a general sense in the range of a civil law for environmental liability. The responsible holder of a danger zone will therefore influence his way of acting to protect potential victims and the environment. The burden of proof is on the plaintiff (victims) under the Civil Code. Victims have specific sources of danger including high endangering special facilities in their argumentation with the so-called prima-facie-proof or first-appearance-proof. A turning back of the presentation of evidence to the polluter is wrong. The polluter himself has a continuing liability for dangerous activities and his clerks in the case of an extremely high danger of damage. All due diligence duties can be arranged in three areas: in information-, danger-avoidance- and danger-prevention-duties. The determination of range and essence of the duties has to be adjusted to each individual case. The range of the specific danger area is the essential link. The intensity of due diligence duties is increasing with the size of danger in the way of a movable system depending on the protected interest. Due diligence duties have to be kept within reasonable limits with two criterions: necessarity and demand. Proportionality of actions is a third criterion to avoid exaggeration of due diligence duties to obtain an effective protection for victims including the environment. (author)

  12. TORT application in reactor pressure vessel neutron flux calculations

    International Nuclear Information System (INIS)

    Belousov, S.I.; Ilieva, K.D.; Antonov, S.Y.

    1994-01-01

    The neutron flux values onto reactor pressure vessel for WWER-1000 and WWER-440 reactors, at the places important for metal embrittlement surveillance have been calculated by 3 dimensional code TORT and synthesis method. The comparison of the results received by both methods confirms their good consistency. (authors). 13 refs., 4 tabs

  13. Inherent risk and organisational design in European tort law

    NARCIS (Netherlands)

    W.H. van Boom (Willem)

    2009-01-01

    textabstractThis paper is devoted to a complex set of issues relating to the functions of tort law in distinguishing acceptable and unacceptable risks. Often, such risks are brought about by deliberate organisational design choice. On many occasions, legislators and courts are called upon to assess

  14. Basic Substantive Law for Paralegals: Contracts, Torts, and Due Process.

    Science.gov (United States)

    Marcin, Raymond B.

    Part of the paralegal, or legal assistant, training materials prepared by the National Paralegal Institution under a Federal grant, the text comprises an overview of the basic legal concepts usually found in introductory law courses concerning contracts, torts, and the due process area of constitutional law. Part 1, Contracts, covers: definition,…

  15. Contractual liability: In European, comparative and Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2011-01-01

    liability is also specific that, according to the principle of parties' autonomy, the parties always may in advance agree on the extent of damages for the case of breach of contract, in a form of a clause on liquidated damages, forfeit money, suretyship for indemnification, the limitation of the sum insured in insurance contracts, clauses in the general conditions of business, etc. The author calls attention to the fact that these clauses in certain extent limit the scope of the indemnification for breach of a contract, according to which this liability differs from the liability for torts, where the principle of full indemnification applies as a rule.

  16. Nuclear Liability Laws

    International Nuclear Information System (INIS)

    McIntosh, S.

    2016-01-01

    The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

  17. General Principles Governing Liability

    International Nuclear Information System (INIS)

    Reyners, P.

    1998-01-01

    This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

  18. Managing UK nuclear liabilities

    International Nuclear Information System (INIS)

    Sadnicki, Mike; MacKerron, Gordon.

    1997-01-01

    This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

  19. Assets, liabilities and risks

    OpenAIRE

    R. Thomson

    2014-01-01

    Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment) of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  20. Nuclear damage - civil liability

    International Nuclear Information System (INIS)

    Simoes, A.C.

    1980-01-01

    An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

  1. The TORT three-dimensional discrete ordinates neutron/photon transport code (TORT version 3)

    Energy Technology Data Exchange (ETDEWEB)

    Rhoades, W.A.; Simpson, D.B.

    1997-10-01

    TORT calculates the flux or fluence of neutrons and/or photons throughout three-dimensional systems due to particles incident upon the system`s external boundaries, due to fixed internal sources, or due to sources generated by interaction with the system materials. The transport process is represented by the Boltzman transport equation. The method of discrete ordinates is used to treat the directional variable, and a multigroup formulation treats the energy dependence. Anisotropic scattering is treated using a Legendre expansion. Various methods are used to treat spatial dependence, including nodal and characteristic procedures that have been especially adapted to resist numerical distortion. A method of body overlay assists in material zone specification, or the specification can be generated by an external code supplied by the user. Several special features are designed to concentrate machine resources where they are most needed. The directional quadrature and Legendre expansion can vary with energy group. A discontinuous mesh capability has been shown to reduce the size of large problems by a factor of roughly three in some cases. The emphasis in this code is a robust, adaptable application of time-tested methods, together with a few well-tested extensions.

  2. Romanian Nuclear Liability Legislation

    International Nuclear Information System (INIS)

    Banu, R.

    2006-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

  3. Understanding legacy liabilities

    Energy Technology Data Exchange (ETDEWEB)

    Ossi, G.J. [Venable, LLP (United States)

    2005-08-01

    Among the most immediate issues facing operations with a workforce represented by the United Mine Workers of America (UMWA) are the so-called 'legacy liabilities'. Legacy liabilities fall under two categories: retiree health care and pension. The retiree health benefit obligations fall into two categories; statutory - those created under the Coal Industry Retiree Health Benefit Act of 1992 and contractual - the 1993 Employer Benefit Plan and the Individual Employer Plans. The pension liabilities are more straightforward; there are three different retirement plans in the NBCWA; the UMWA 1950 Pension Plan, the UMWA 1974 Pension Plan and the UMWA Cash Deferred Savings Plan of 1988.

  4. The reversal of the burden of proof in the Principles of European Tort Law
    A comparison with Dutch tort law and civil procedure rules

    Directory of Open Access Journals (Sweden)

    Ivo Giesen

    2010-01-01

    Full Text Available Although it is not one of its main features, the Principles of European Tort Law (PETL have devoted some attention to the rules regarding the burden of proof in tort cases, especially to the possibility of a reversal of that burden. Since such a reversal of the burden of proof will be highly relevant for the substantive outcome of a tort case, one needs to be able to justify such a reversal on normative grounds. However, that justification is not always advanced clearly enough in the PETL. At the same time the PETL focus largely on the possible exceptions to the general rule on the burden of proof. As a result, the underlying general rule as such has not been codified. This paper analyses the burden of proof rules in the PETL not only from a more technical point of view, but also from the perspective of the possible influence they might have on the substantive outcome of tort cases. To highlight their content, importance and possible inspirational force for a future ‘European tort law’, these Principles are contrasted with their counterparts under Dutch tort law. The aim is to answer the question whether the choices made in the PETL are justifiable and whether the Dutch tort system can – or maybe even should – seek inspiration from these Principles.

  5. Assets, liabilities and risks

    Directory of Open Access Journals (Sweden)

    R. Thomson

    2014-01-01

    Full Text Available Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  6. The Liabilities Management Group

    International Nuclear Information System (INIS)

    Whitehead, A.W.

    1998-01-01

    The Liabilities Management Group (LMG) was initiated by DTI. It is a cooperative forum which was set up in 1995. The current participants are DTI, UKAEA, NLM (for BNFL), MOD and Magnox Electric. The LMG was initiated to produce closer cooperation between public sector liability management organizations, achieve more cost-effective management of UK nuclear liabilities and enhance development of the UK nuclear decommissioning and waste management strategy. The objectives are to compare practices between liabilities management organizations discuss the scope for collaboration identify priority areas for possible collaboration agree action plans for exploring and undertaking such collaboration.Four task forces have been formed to look at specific areas (R and D, safety, contracts, and project management) and each reports separately to the LMG. The LMG has achieved its original aim of bringing together those with public sector liability management responsibilities. All participants feel that the LMG has been useful and that it should continue. Looking to the future, there is a continuing need for the LMG to facilitate removal of barriers to the achievement of best value for money. The LMG might also consider addressing the 'business process' elements that a liability management organization must be good at in order to define best practice in these. (author)

  7. 7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

  8. Time-dependent anisotropic distributed source capability in transient 3-d transport code tort-TD

    International Nuclear Information System (INIS)

    Seubert, A.; Pautz, A.; Becker, M.; Dagan, R.

    2009-01-01

    The transient 3-D discrete ordinates transport code TORT-TD has been extended to account for time-dependent anisotropic distributed external sources. The extension aims at the simulation of the pulsed neutron source in the YALINA-Thermal subcritical assembly. Since feedback effects are not relevant in this zero-power configuration, this offers a unique opportunity to validate the time-dependent neutron kinetics of TORT-TD with experimental data. The extensions made in TORT-TD to incorporate a time-dependent anisotropic external source are described. The steady state of the YALINA-Thermal assembly and its response to an artificial square-wave source pulse sequence have been analysed with TORT-TD using pin-wise homogenised cross sections in 18 prompt energy groups with P 1 scattering order and 8 delayed neutron groups. The results demonstrate the applicability of TORT-TD to subcritical problems with a time-dependent external source. (authors)

  9. Liability in nuclear establishments

    International Nuclear Information System (INIS)

    Bockli, H.R.

    1980-01-01

    The paper gives a history of safety legislation in nuclear plants. A change has been suggested to the present law which would put total liability for damage or injury on the owner of the plant. This new legislation is being introduced in Switzerland. It covers even natural disasters as well as acts of war, but excludes injuries caused through negligence or irresponsibility of employee, however, third party injured as a consequence is to be compensated. The liability stretches over 30 years after the event. (G.R.S.)

  10. Limitation of Auditors' Liability

    DEFF Research Database (Denmark)

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding

    2014-01-01

    The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...... to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor’s tasks more expensive. Relevant EU recommendations and a comparative glance at other EU countries’ proposed solutions to the problem are included....

  11. 75 FR 76946 - Demurrage Liability

    Science.gov (United States)

    2010-12-10

    ... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

  12. Standards and producers' liability

    International Nuclear Information System (INIS)

    Kretschmer, F.

    1979-01-01

    The author discusses the liability of producers and the diligence required, which has to come up to technical standards and the latest state of technology. The consequences of this requirement with regard to claims for damages are outlined and proposals for reforms are pointed out. (HSCH) [de

  13. Cargo liability regimes

    Science.gov (United States)

    2001-01-01

    There are at present at least three international regimes of maritime cargo liability in force in different countries of the world - the original Hague rules (1924), the updated version known as the Hague-Visby rules (1968, further amended 1979), and...

  14. Managing 'tail liability'.

    Science.gov (United States)

    Frese, Richard C; Weber, Ryan J

    2013-11-01

    To reduce and control their level of tail liability, hospitals should: Utilize a self-insurance vehicle; Consider combined limits between the hospital and physicians; Communicate any program changes to the actuary, underwriter, and auditor; Continue risk management and safety practices; Ensure credit is given to the organization's own medical malpractice program.

  15. Coupled Tort-TD/CTF Capability for high-fidelity LWR core calculations - 321

    International Nuclear Information System (INIS)

    Christienne, M.; Avramova, M.; Perin, Y.; Seubert, A.

    2010-01-01

    This paper describes the developed coupling scheme between TORT-TD and CTF. TORT-TD is a time-dependent 3D discrete ordinates neutron transport code. TORT-TD is utilized for high-fidelity reactor core neutronics calculations while CTF is providing the thermal-hydraulics feedback information. CTF is an improved version of the advanced thermal-hydraulic sub-channel code COBRA-TF, which is widely used for best-estimate evaluations of LWR safety margins. CTF is a transient code based on a separated flow representation of the two-phase flow. The coupled code TORT-TD/CTF allows 3D pin-by-pin analyses of transients in few energy groups and anisotropic scattering by solving the time-dependent transport equation using the unconditionally stable implicit method. Steady-state and transient test cases, based on the OECD/NRC PWR MOX/UO 2 Core Transient Benchmark, have been calculated. The steady state cases are based on a quarter core model while the transient test case models a control rod ejection transient in a small PWR mini-core fuel assembly arrangement. The obtained results with TORT-TD/CTF are verified by a code-to-code comparison with the previously developed NEM/CTF and TORT-TD/ATHLET coupled code systems. The performed comparative analysis indicates the applicability and high-fidelity potential of the TORT-TD/CTF coupling. (authors)

  16. Liability for medical malpractice--recent New Zealand developments.

    Science.gov (United States)

    Sladden, Nicola; Graydon, Sarah

    2009-03-01

    Over the last 30 years in New Zealand, civil liability for personal injury including "medical malpractice" has been most notable for its absence. The system of accident compensation and the corresponding bar on personal injury claims has been an interesting contrast to the development of tort law claims for personal injury in other jurisdictions. The Health and Disability Commissioner was appointed in 1994 to protect and promote the rights of health and disability consumers as set out in the Code of Health and Disability Services Consumers' Rights. An important right in the Code, in terms of an equivalent to the common law duty to take reasonable care, is that patients have the right to services of an appropriate standard. Several case studies from the Commissioner's Office are used to illustrate New Zealand's unique medico-legal system and demonstrate how the traditional common law obligation of reasonable care and skill is applied. From an international perspective, the most interesting aspect of liability for medical malpractice in New Zealand is its relative absence - in a tortious sense anyway. This paper will give some general background on the New Zealand legal landscape and discuss recent case studies of interest.

  17. Nuclear liability and the Price--Anderson Act

    International Nuclear Information System (INIS)

    Wilson, R.

    1977-01-01

    The Price-Anderson Act is viewed as meeting public needs in a unique and responsible way, reflecting the far-sightedness of those involved in the early development of nuclear power who saw the importance of building safety into each step of the program. An extension of the Act is advised as a first step in recognizing that many potential and real disasters (e.g., dam breaks, floods, etc.) are man-made rather than ''Acts of God''. Rather than abolish the Price-Anderson Act because it is unique, the case is made for extending it to cover these other situations. Provisions of the Act are examined in terms of the role of negligence in nuclear accidents, and the conclusion is reached that public concern for reactor safety should not be affected. Limited assets on the part of insurers and insurance pools have made government involvement important but not a real subsidy because of high premiums. Premiums in the new amendment are paid retroactively when there is an accident, which relieves the problem of anticipating what premiums may be needed in the future. This limits government liability and, combined with the waiver of defenses against liability, offers better protection for the public. Recommendations for allowing tort law to operate above the $560 million Price-Anderson limits are criticized, and a counter proposal is made for reassessing the figure at an appropriate limit and extending insurance to competitive industries

  18. Nuclear Liability Legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    1998-01-01

    This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

  19. Mass torts e responsabilità per danno ambientale: una analisi economica

    NARCIS (Netherlands)

    Parisi, F.; Dari-Mattiacci, G.

    2009-01-01

    Nel presente studio verranno esaminate alcune delle problematiche giuridiche e delle categorie economiche introdotte dalla nuova normativa europea in tema di danno ambientale. Le nostre argomentazioni tenderanno a dimostrare che le ipotesi di danno ambientale caratterizzabili come mass torts non

  20. Corporate human rights accountability : the objections of western governments to the Alien Tort Statute / Uta Kohl

    Index Scriptorium Estoniae

    Kohl, Uta

    2014-01-01

    Kohtuasjast Kiobel v Royal Dutch Petroleum Co; USA õigusaktist Alien Tort Statute, mis lubab USA kohtutesse esitada inimõiguste rikkumisega seotud hagisid ka USA kodakondsust mitteomavatel inimestel. Vt ka artiklit lk. 699-719

  1. Civil liability on nuclear activities

    International Nuclear Information System (INIS)

    Bittar, C.A.

    1982-01-01

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

  2. Liability for damage caused by shortage and failure to use necessary medical devices

    Directory of Open Access Journals (Sweden)

    Cvetković Mihajlo

    2014-01-01

    Full Text Available In order to provide for successful, safe and high quality medical services, health care institutions need to be equipped with adequate medical devices. For this reason, every medical institution is legally obliged to have relevant medical devices. In case a patient has been deprived of some medical service for the lack of necessary medical devices (which the institution has been obliged to provide, the medical institution is responsible for the damage and harm sustained by the patient. The responsibility implies non-contractual liability (in tort law or pre-contractual liability (in contract law. In both cases, the liability is based on the presumed culpability. In order to be excluded from liability, the medical institution has to prove that the patient has been deprived of medical service (or that the institution has refused to enter into a medical service provider agreement on justifiable grounds, i.e. due to the lack of necessary medical devices. On the other hand, in case the medial institutions fail to provide needed care or violate their obligation to use medical devices when necessary, it is regarded as medical negligence (professional error. In most cases, it implies the liability of medical institutions for damage, injury or harm caused to the patient by medical services provided without applying a relevant medical device, whose use has been medically indicated. The liability is even more substantial in cases where the medical device has been available but the medical institutions has not applied it in medial treatment (even though its use has been medically indicated; such conduct is qualified as gross negligence.

  3. Information Processing and Limited Liability

    OpenAIRE

    Bartosz Mackowiak; Mirko Wiederholt

    2012-01-01

    Decision-makers often face limited liability and thus know that their loss will be bounded. We study how limited liability affects the behavior of an agent who chooses how much information to acquire and process in order to take a good decision. We find that an agent facing limited liability processes less information than an agent with unlimited liability. The informational gap between the two agents is larger in bad times than in good times and when information is more costly to process.

  4. Fukushima: liability and compensation

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena

    2012-01-01

    On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake struck the Pacific coast of the country and was followed by a tsunami which led to considerable loss of lives. It also led to a major accident at the Fukushima Daiichi nuclear power plant. Soon afterwards, the operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. On 28 April 2011, TEPCO established a dedicated contact line to provide consulting services for financial compensation related to the damage caused

  5. Foreign direct liability and beyond. Exploring the role of tort law in promoting international corporate social responsibility and accountability

    NARCIS (Netherlands)

    Enneking, L.F.H.

    2012-01-01

    Western societies are witnessing an emerging socio-legal trend towards transnational civil litigation against multinational corporations in relation to harm caused to people and planet abroad. Increasingly, individuals and communities from developing host countries who have been detrimentally

  6. Liability for Diagnosing Malingering.

    Science.gov (United States)

    Weiss, Kenneth J; Van Dell, Landon

    2017-09-01

    Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness. Evaluees taking exception to the label may claim that the professional has committed defamation of character (libel or slander) when the diagnosis is wrong and costs the claimant money or benefits. Clinicians may counter by claiming immunity or that the diagnosis was made in good faith. This problem has come into focus in military and veterans' contexts, where diagnoses become thresholds for benefits. Through historical and literary examples, case law, and military/veterans' claims of disability and entitlement, the authors examine the potency of the malingering label and the potential liability for professionals and institutions of making this diagnosis. © 2017 American Academy of Psychiatry and the Law.

  7. Transport Nuclear Liability Insurance

    International Nuclear Information System (INIS)

    Folens, M.

    2006-01-01

    Although transport of nuclear substances represents only a very small part of the global transport of dangerous goods, it takes place every day all over the world and it is part of our daily life. Transport of nuclear material takes also place at every stage of the nuclear fuel cycle; radioactive materials are carried out all over the world by all major modes of transport: sea, air, road and rail. Despite the large number of nuclear transports, they are not considered as posing a serious risk. A major nuclear incident is almost always associated with the operating of fixed installations such as nuclear power plants; just think about Three Mile Island and Chernobyl. This perception is strengthened by the absence so far of serious accidents in the nuclear transport sector and this finding is in fact proof of the very safe conditions of nuclear transport. But accidents can never be excluded entirely and in some cases damages could be as large as those caused by fixed installations. This means that protection of the interests of possible victims should also be covered in a correct way. That is why the special nuclear liability regime has also been developed to cover damage caused by a nuclear transport accident. As stated by Patrick Reyners, the prime motivation for originally adopting a special nuclear regime was the harmonisation of national legislation and that nowhere more than in the field of international transport operations is such harmonisation felt desirable . The international legal regime has been developed along two tracks, one based on the mode of transport and the other based on the notion of dangerous goods. The linkage between those two tracks is of permanent concern and the mode of transport is the key element to determine which international instrument should be applicable. The purpose of this paper is to briefly introduce the financial security provided by the insurance industry to cover the international nuclear liability regime for nuclear

  8. Government-sponsored microfinance program: Joint liability vs. individual liability

    Directory of Open Access Journals (Sweden)

    Arghya Kusum Mukherjee

    2014-12-01

    Full Text Available Swarnajayanti Gram Swarozgar Yojana (SGSY is a government-sponsored microfinance program. The scheme is based on four features: group lending with joint liability, progressive lending, back-ended subsidy, and social capital. We propose a new model of SGSY having these features: group lending with individual liability, progressive lending, back-ended subsidy, and social capital. “Joint liability” clause of the existing model is replaced with individual liability in the new model. The paper shows that problem of adverse selection is removed in both models, i.e. in “SGSY with group lending and joint liability” and “SGSY with group lending and individual liability.” The problem of “moral hazard” is more severe in the existing model of SGSY compared with the proposed model of SGSY. Borrowers are also benefitted from participation in the proposed scheme of SGSY than that in the existing model of SGSY.

  9. Some considerations on disciplinary liability overlapping criminal liability

    Directory of Open Access Journals (Sweden)

    Ştefania DUMITRACHE

    2011-12-01

    Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

  10. Nuclear liability legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    2000-01-01

    This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

  11. Time-dependent anisotropic external sources in transient 3-D transport code TORT-TD

    International Nuclear Information System (INIS)

    Seubert, A.; Pautz, A.; Becker, M.; Dagan, R.

    2009-01-01

    This paper describes the implementation of a time-dependent distributed external source in TORT-TD by explicitly considering the external source in the ''fixed-source'' term of the implicitly time-discretised 3-D discrete ordinates transport equation. Anisotropy of the external source is represented by a spherical harmonics series expansion similar to the angular fluxes. The YALINA-Thermal subcritical assembly serves as a test case. The configuration with 280 fuel rods has been analysed with TORT-TD using cross sections in 18 energy groups and P1 scattering order generated by the KAPROS code system. Good agreement is achieved concerning the multiplication factor. The response of the system to an artificial time-dependent source consisting of two square-wave pulses demonstrates the time-dependent external source capability of TORT-TD. The result is physically plausible as judged from validation calculations. (orig.)

  12. DORT and TORT workshop -- Outline for presentation for splicing with TORSED and TORSET

    International Nuclear Information System (INIS)

    Barnett, A.

    1998-04-01

    This paper addresses the problem of solving a problem which is larger than can be accommodated by the computer system at your disposal. This can result from two constrains: (1) The available memory of the machine is too small to contain the problem. (2) Individual files may be too large to store on-line. It also addresses the problem of what to do when you want to alter only a subset of a solution space of a larger problem and don't want to rerun the entire problem. These problems can be solved by splicing with TORSED AND TORSET. If the basic shape of your problem is cylindrical and azimuthally uniform, with only a small region of three-dimensionality, then the best splicing method is the TORSED -- DORT to TORT splice. However, if there is no part of the problem which is azimuthally constant, then one might want to consider a TORT to TORT splice. Both methods are discussed here

  13. Sustainable development and nuclear liability

    International Nuclear Information System (INIS)

    Schwartz, J.

    2001-01-01

    Although the high safety standards of the nuclear industry mean that the risk of an accident is low, the magnitude of damage that could result to third parties from such an accident is considerable. It was thus recognised from the very inception of the nuclear power industry that a special legal regime would need to be established to provide for the compensation of victims of a nuclear accident. The ordinary rules of tort and contract law were simply not suited to addressing such a situation in an efficient and effective manner. (authors)

  14. Statistical issues in the estimation of assigned shares for carcinogenesis liability

    International Nuclear Information System (INIS)

    Cox, L.A. Jr.

    1987-01-01

    Congress is currently considering adopting a mathematical formula to assign shares in cancer causation to specific doses of radiation, for use in establishing liability and compensation awards. The proposed formula, if it were sound, would allow difficult problems in tort law and public policy to be resolved by reference to tabulated probabilities of causation. This article examines the statistical and conceptual bases for the proposed methodology. We find that the proposed formula is incorrect as an expression for probability and causation, that it implies hidden, debatable policy judgments in its treatment of factor interactions and uncertainties, and that it can not in general be quantified with sufficient precision to be useful. Three generic sources of statistical uncertainty are identified--sampling variability, population heterogeneity, and error propagation--that prevent accurate quantification of assigned shares. These uncertainties arise whenever aggregate epidemiological or risk data are used to draw causal inferences about individual cases

  15. Parallel performance of TORT on the CRAY J90: Model and measurement

    International Nuclear Information System (INIS)

    Barnett, A.; Azmy, Y.Y.

    1997-10-01

    A limitation on the parallel performance of TORT on the CRAY J90 is the amount of extra work introduced by the multitasking algorithm itself. The extra work beyond that of the serial version of the code, called overhead, arises from the synchronization of the parallel tasks and the accumulation of results by the master task. The goal of recent updates to TORT was to reduce the time consumed by these activities. To help understand which components of the multitasking algorithm contribute significantly to the overhead, a parallel performance model was constructed and compared to measurements of actual timings of the code

  16. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    Daniela Ciochină

    2012-05-01

    Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

  17. ASSUMING REGULATORY AUTHORITY FOR TRANSNATIONAL TORTS: AN INTERSTATE AFFAIR? A HISTORICAL PERSPECTIVE ON THE CANADIAN PRIVATE INTERNATIONAL LAW TORT RULES

    Directory of Open Access Journals (Sweden)

    Roxana Banu

    2013-02-01

    Full Text Available In Tolofson v. Jensen, the Supreme Court of Canada determined that in most cases the law of the place where the tort occurred has exclusive authority to regulate all legal aspects related to it. In developing this choice of law rule, the Supreme Court relied on an analogy between Private International Law and Public International law. This allows Private International Law to claim a structural, neutral function in the distribution of legislative authority in the international realm and to ignore both private law and public law considerations. To best reveal the way in which the Supreme Court injected these limitations into Private International Law by reference to Public International Law, I show the striking similarity between the Supreme Court’s reasoning and several Private International Law writings at the end of the 19th century in Continental Europe. In the context of the extraterritorial tortious activity of multinational corporations, these limitations make Private International Law oblivious to arguments of Corporate Social Responsibility scholars showing that a multinational corporation may legitimately be regulated by the state of its headquarters, even for extraterritorial conduct. Overall, I argue that an overemphasis on legislative authority as a symbol of state sovereignty transforms Private International Law matters generally, and transnational torts in particular, in inter-state affairs, removed from the interests and pleas of the individuals and communities affected by them.   Dans l’arrêt Tolofson c. Jensen, la Cour suprême du Canada a décidé que, dans la plupart des cas, la loi du lieu où le délit a été commis régit exclusivement tous les aspects juridiques qui s’y rapportent. Pour établir cette règle du choix de la loi applicable, la Cour suprême s’est fondée sur une analogie entre le droit international privé et le droit international public. Cela permet au droit international privé de réclamer une

  18. Modeling non-maturing liabilities

    OpenAIRE

    von Feilitzen, Helena

    2011-01-01

    Non‐maturing liabilities, such as savings accounts, lack both predetermined maturity and reset dates due to the fact that the depositor is free to withdraw funds at any time and that the depository institution is free to change the rate. These attributes complicate the risk management of such products and no standardized solution exists. The problem is important however since non‐maturing liabilities typically make up a considerable part of the funding of a bank. In this report different mode...

  19. Current US nuclear liability regime

    International Nuclear Information System (INIS)

    Brown, O.F.

    2000-01-01

    The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

  20. TORT/MCNP coupling method for the calculation of neutron flux around a core of BWR

    International Nuclear Information System (INIS)

    Kurosawa, M.

    2005-01-01

    For the analysis of BWR neutronics performance, accurate data are required for neutron flux distribution over the In-Reactor Pressure Vessel equipments taking into account the detailed geometrical arrangement. The TORT code can calculate neutron flux around a core of BWR in a three-dimensional geometry model, but has difficulties in fine geometrical modelling and lacks huge computer resource. On the other hand, the MCNP code enables the calculation of the neutron flux with a detailed geometry model, but requires very long sampling time to give enough number of particles. Therefore, a TORT/MCNP coupling method has been developed to eliminate the two problems mentioned above in each code. In this method, the TORT code calculates angular flux distribution on the core surface and the MCNP code calculates neutron spectrum at the points of interest using the flux distribution. The coupling method will be used as the DOT-DOMINO-MORSE code system. This TORT/MCNP coupling method was applied to calculate the neutron flux at points where induced radioactivity data were measured for 54 Mn and 60 Co and the radioactivity calculations based on the neutron flux obtained from the above method were compared with the measured data. (authors)

  1. Victim Oriented Tort Law in Action: An Empirical Examination of Catholic Church Sexual Abuse Cases

    NARCIS (Netherlands)

    van Dijck, Gijs

    2018-01-01

    Catholic Church sexual abuse cases have received worldwide attention, with lawsuits and nationwide investigations reported in various countries. This study examines a procedure—a hybrid between tort litigation and a victim compensation fund—that not only allowed sexual abuse victims to seek monetary

  2. Accuracy, gender and race in tort trials : a (behavioral) law and economics perspective

    NARCIS (Netherlands)

    G. Dominioni (Goran)

    2018-01-01

    textabstractThis thesis contributes to various streams of literature in the behavioral law and economics of tort law and judicial decisionmaking. Each chapter addresses a selected topic in this area from either a theoretical or an empirical perspective. The overarching theme of the thesis is the

  3. Georgi söögituba Väike-Maarjas / Kai Tort, Ilmar Aasumets

    Index Scriptorium Estoniae

    Tort, Kai

    2006-01-01

    7 ill.; Georg Lurichi järgi nime saanud söögituba asub arhitekt Alar Kotli vanaisale kuulunud hoones; söögitoa kujunduse tegi Kai Tort, mööbli valmistasid kohalikud puusepad, plekist lambid - Ilmar Aasumets, omanik Avo Part

  4. A Summary of Three Areas of School Law: Students' Rights, Torts, and Teachers' Rights.

    Science.gov (United States)

    Curry, Michael J.

    1981-01-01

    The intent of this article is to provide working administrators with a synopsis of court cases and legal principles relating to student rights (search and seizure, due process in discipline cases, freedom of expression, exclusion from school); torts (assault, negligence); and teachers' rights (academic freedom, freedom of speech, employee rights).…

  5. TORT/MCNP coupling method for the calculation of neutron flux around a core of BWR.

    Science.gov (United States)

    Kurosawa, Masahiko

    2005-01-01

    For the analysis of BWR neutronics performance, accurate data are required for neutron flux distribution over the In-Reactor Pressure Vessel equipments taking into account the detailed geometrical arrangement. The TORT code can calculate neutron flux around a core of BWR in a three-dimensional geometry model, but has difficulties in fine geometrical modelling and lacks huge computer resource. On the other hand, the MCNP code enables the calculation of the neutron flux with a detailed geometry model, but requires very long sampling time to give enough number of particles. Therefore, a TORT/MCNP coupling method has been developed to eliminate the two problems mentioned above in each code. In this method, the TORT code calculates angular flux distribution on the core surface and the MCNP code calculates neutron spectrum at the points of interest using the flux distribution. The coupling method will be used as the DOT-DOMINO-MORSE code system. This TORT/MCNP coupling method was applied to calculate the neutron flux at points where induced radioactivity data were measured for 54Mn and 60Co and the radioactivity calculations based on the neutron flux obtained from the above method were compared with the measured data.

  6. Third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Crancher, D.W.

    1976-12-01

    Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

  7. Liability of statutory organs in limited liability companies

    Directory of Open Access Journals (Sweden)

    Martin Janků

    2011-01-01

    Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

  8. Tort recovery of acid rain damages in the United States--observations on plaintiff's prima facie case

    Energy Technology Data Exchange (ETDEWEB)

    Honabach, D.R.

    1982-01-01

    Common law tort doctrine has long supplied a judicially administered vehicle for dealing with harms suffered by one party as a result of the activities of another. As such, it might be used to address the problem of acid rain. Before tort law may be used, however, a would-be plaintiff must make out a prima facie case. While traditional applications of tort doctrine might effectively prevent plaintiff from doing so, recent court decisions suggest that plaintiff might nevertheless be successful in obtaining at least partial recovery.

  9. Civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1963-01-01

    An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

  10. Reassessing the nuclear liability regime

    International Nuclear Information System (INIS)

    Havinh Phuong

    1985-01-01

    The nuclear liability regime was thoroughly reviewed by nuclear plant operators, officials of regulatory authorities, and legal and insurance experts at the Symposium on Nuclear Third Party Liability and Insurance, held in September 1984 in Munich, Federal Republic of Germany. The symposium highlighted specific areas where adjustments or improvements would be needed in order to cope with practical problems encountered or emerging issues. By focusing on questions of legitimate concern to the public, it also sought to promote confidence in a compensation system for public protection that is in many ways unique. Topics addressed included the following: greater harmonization of the compensation amounts for nuclear damage established in different countries and in territorial scope; the concept of unlimited liability; the time limitation for compensation claims; the problem of proving causation; the concept of nuclear damage; and insurance coverage

  11. Hukum Lingkungan dan Pertanggungjawaban Strict Liability dalam Sistem Hukum Common Law (Studi Kasus Cambridge Water Co. Ltd v. Eastern Countries Leather Plc

    Directory of Open Access Journals (Sweden)

    Mahfud Mahfud

    2010-12-01

    Full Text Available ABSTRACT: The possibilities for pollution control still offered today Blackburn J.’s celebrated rule of strict liability, now almost 130 years old, has ensured its continuing popularity. There can be few tort lawyers, however, who have not increasingly wondered how much time should be devoted to a case which has received little judicial attention in recent years, and which was last subjected to detailed consideration by the House of Lords nearly 50 years ago, until, that is, the much-published decision of the House of Lords in Cambridge Water Co. Ltd v. Eastern Countries Leather Plc.   (Environmental Law and The Strict Liability Application In the Common Law System (The Case Study of Cambridge Water Co. Ltd V. Eastern Countries Leather Plc

  12. Civil liability concerning nuclear accidents

    International Nuclear Information System (INIS)

    Anon.

    2013-01-01

    France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

  13. Fiscal Liability of State Contractors

    Directory of Open Access Journals (Sweden)

    Santiago Fajardo-Peña

    2017-06-01

    Full Text Available The State contract is one of the most important tools for public management. The formation, execution and liquidation of State contracts are also a potential cause of State patrimonial damages. Perhaps for this reason, many State contractors are prosecuted as if they were public spending managers. The question, however, is not as simple. The fiscal liability process has a qualified recipient: the fiscal manager. In this article, through a conceptual exposition and a case study, we identify the criterion for determining in which cases a State contractor acquires the function of controlling public funds and when he/she can be subjected to a fiscal liability.

  14. The Limited Liability Company: An Analysis

    OpenAIRE

    Wayne Wells; Gary Yoshimoto

    1993-01-01

    In recent years, businesses in many states have been given the opportunity to select a new form in which to conduct business called the limited liability company. This form provides the advantage of the personal liability protection of a corporation, while being taxed as a partnership. If most states create the limited liability company and current issues of uncertainty are favorably resolved, the limited liability company should become the most advantageous business form for most small and m...

  15. 12 CFR 229.21 - Civil liability.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

  16. 12 CFR 965.2 - Authorized liabilities.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

  17. University Liability for Sports Injuries.

    Science.gov (United States)

    Rieder, Robert W.; Woodruff, William B., Jr.

    1993-01-01

    Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

  18. Problematic of mining environmental liabilities in Colombia

    International Nuclear Information System (INIS)

    Arango Aramburo, Marcela; Olaya, Yris

    2012-01-01

    Mining environmental liabilities (PAM from its acronym in Spanish) are areas where there is a need for restoration, mitigation or compensation for environmental damage or unmanaged impact, produced by inactive or abandoned mining that threatens health, quality of life or public or private property. In Colombia the environmental liabilities from mining have not been regulated, but given the age and the prevalence of informality in mining, there is increasing interest in defining, regulating and managing these obligations. In this paper we approach the problem of valuing mining environmental liabilities by examining different management approaches for such liabilities around the world. We also identify key information requirements to manage mining environmental liabilities in Colombia.

  19. The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case

    Directory of Open Access Journals (Sweden)

    Liesbeth Enneking

    2014-01-01

    Full Text Available In January 2013, The Hague District Court in the Netherlands rendered a groundbreaking verdict in a civil liability suit against Royal Dutch Shell and its Nigerian subsidiary (SPDC. The lawsuit had been brought before it by four Nigerian farmers and the Dutch NGO Milieudefensie, in response to a number of oil-spill incidents from SPDC-operated pipelines in the Nigerian Niger Delta. Although the majority of the claims were dismissed, the district court in its ruling did grant one claim that related to spills from an abandoned wellhead, ordering SPDC to pay compensation for the resulting loss. This judgment has international relevance, as this Dutch Shell Nigeria case forms part of a worldwide trend towards foreign direct liability cases. Growing numbers of similar lawsuits have been brought before the courts in other Western societies, but judgments on the merits have so far remained scarce. The relevance of the case has further increased with the US Supreme Court’s April 2013 ruling in the case of Kiobel v. Royal Dutch Petroleum Co., which has significantly limited the scope of the Alien Tort Statute. This article explores The Hague District Court’s decision in the Dutch Shell Nigeria case, and places the case within the socio-legal context of the contemporary trend towards foreign direct liability cases, the international debates on corporate accountability and business & human rights, and the Supreme Court's judgment in the Kiobel case.

  20. A review of medical malpractice issues in Malaysia under tort litigation system.

    Science.gov (United States)

    Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

    2014-04-07

    Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

  1. Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

    Science.gov (United States)

    Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

    2014-01-01

    Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability. PMID:24999124

  2. Pin cell discontinuity factors in the transient 3-D discrete ordinates code TORT-TD - 237

    International Nuclear Information System (INIS)

    Seubert, A.

    2010-01-01

    This paper describes the application of generalized equivalence theory to the time-dependent 3-D discrete ordinates neutron transport code TORT-TD. The introduction of pin cell discontinuity factors into the discrete ordinates transport equation is described by assuming a linear dependence of the homogenized neutron angular flux within a pin cell which may be discontinuous at the interfaces to adjacent cells. The homogenized flux discontinuity at cell interfaces is expressed by pin cell discontinuity factors which in turn are determined from fuel assembly lattice calculations using HELIOS. Application of TORT-TD to the all rods in state of the PWR MOX/UO 2 Core Transient Benchmark with pin cell homogenized nuclear cross sections demonstrate the potential of pin cell discontinuity factors to reduce pin cell homogenization errors. (authors)

  3. COGEDIF - automatic TORT and DORT input generation from MORSE combinatorial geometry models

    International Nuclear Information System (INIS)

    Castelli, R.A.; Barnett, D.A.

    1992-01-01

    COGEDIF is an interactive utility which was developed to automate the preparation of two and three dimensional geometrical inputs for the ORNL-TORT and DORT discrete ordinates programs from complex three dimensional models described using the MORSE combinatorial geometry input description. The program creates either continuous or disjoint mesh input based upon the intersections of user defined meshing planes and the MORSE body definitions. The composition overlay of the combinatorial geometry is used to create the composition mapping of the discretized geometry based upon the composition found at the centroid of each of the mesh cells. This program simplifies the process of using discrete orthogonal mesh cells to represent non-orthogonal geometries in large models which require mesh sizes of the order of a million cells or more. The program was specifically written to take advantage of the new TORT disjoint mesh option which was developed at ORNL

  4. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

    Science.gov (United States)

    Bărcan, Cristian

    2015-01-01

    Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

  5. “Jones-ing” for a Solution: Commercial Street Surveillance and Privacy Torts in Canada

    OpenAIRE

    Hargreaves, Stuart

    2014-01-01

    While street surveillance technologies such as Google Street View are deployed with no discriminatory intent, there is selective scrutiny applied to the published imagery by the anonymous crowd. Disproportionately directed at women and members of ethnic minority groups, this scrutiny means the social risks of street surveillance are not equal. This paper considers the possibility of invasion of privacy actions in tort brought against the commercial service provider as a possible solution. Ana...

  6. The three-dimensional, discrete ordinates neutral particle transport code TORT: An overview

    International Nuclear Information System (INIS)

    Azmy, Y.Y.

    1996-01-01

    The centerpiece of the Discrete Ordinates Oak Ridge System (DOORS), the three-dimensional neutral particle transport code TORT is reviewed. Its most prominent features pertaining to large applications, such as adjustable problem parameters, memory management, and coarse mesh methods, are described. Advanced, state-of-the-art capabilities including acceleration and multiprocessing are summarized here. Future enhancement of existing graphics and visualization tools is briefly presented

  7. The need for tort reform as part of health care reform.

    Science.gov (United States)

    Thornton, Tiffany; Saha, Subrata

    2008-01-01

    There is no doubt about the need for tort reform. The current state of the legal system imposes great costs on the U.S. health care system and society in general-an astounding $865 billion each year. Physicians are forced to practice defensive medicine to protect themselves from litigation. Caps on non-economic damages have helped reduce malpractice insurance rates and encouraged young physicians to pursue specialties such as obstetrics. Collective insurance pools and national insurance programs for physicians and hospitals are some options that other countries employ to reduce malpractice rates. Regulation of expert testimony by medical societies would curb false or biased testimony. Other recommendations to improve the tort system include establishing expert health courts similar to those that currently exist for tax and patent law, using mediation, creating patient compensation funds, making acknowledgment of errors inadmissible in court, providing certificates of merit or pretrial screening panels to confirm the validity of lawsuits, and developing treatment contracts. Clearly some action must be taken to amend our current wasteful tort system.

  8. Visualization and verification of the input data in transport calculations with TORT

    International Nuclear Information System (INIS)

    Portulyan, A.; Belousov, S.

    2011-01-01

    A software package, called VTSTO and applied for visualization of three-dimensional objects, is developed. The purpose of the package is to verify the input data describing the model of an object in TORT code calculation. TORT calculates the neutron and gamma flux in three-dimensional system through the method of discrete ordinates and is used as an essential tool when calculating the radiation load of the reactor construction. The software requires data of the reactor component,, which is then processed and used for the generation of the graphic image. The object is presented in two planes. The user has the opportunity to choose and change the pair sections determined by those planes, which is crucial when obtaining the view of the composition and structure of the reactor elements. Consequently the generated visualization allows the preparation of an evaluation of the model and if necessary the input data for TORT can be corrected. In this way tie software reduces significantly the possibility of committing an error while modeling complex objects of the reactor system In addition the process of modeling becomes easier and faster. (full text)

  9. 48 CFR 1852.228-72 - Cross-waiver of liability for space shuttle services.

    Science.gov (United States)

    2010-10-01

    ... limited to delict (a term used in civil law countries to denote a class of cases similar to tort) and tort (including negligence of every degree and kind) and contract, against: (i) Any party other than the...

  10. 48 CFR 1852.228-76 - Cross-waiver of liability for space station activities.

    Science.gov (United States)

    2010-10-01

    ... legal basis for such claims, including but not limited to delict (a term used in civil law countries to denote a class of cases similar to tort) and tort (including negligence of every degree and kind) and...

  11. Nuclear liability interest in population and environmental exposures from the nuclear fuel cycle

    International Nuclear Information System (INIS)

    Piccolo, R.G.

    1988-01-01

    The potential for costly nuclear liability claims is often a hidden dimension to the operation of a nuclear power plant. There are two predominant modes for this to occur: either from on-site exposures to plant workers and alleged bodily injury; or from the release of plant effluents to the environment and alleged property damage and bodily injury. ANI/MAELU recently received 2 multi-million dollar nuclear liability claims alleging environmental damage caused by the routine release of radioactive effluents from nuclear facilities. In both cases, the release of radionuclides appeared to be within appropriate regulations. Two important goals of the regulations are to monitor releases and to ensure that releases are within limits intended to protect the public. While, in fact radionuclide releases are normally within regulatory limits, this does not address the growing perception that radiation at any level is harmful. ANI/MAELU is concerned because this perception impacts the possibility of tort litigation. ANI/MAELU conducted a partial review of the nuclear industry environmental monitoring programs. One general conclusion of this effort is that the industry is adequately monitoring environmental releases, thereby protecting the public. They have also generally concluded that the industry is not well poised to protect itself from some of the consequences of potential liability claims alleging property damage or bodily injury from radiation released to the environment. ANI/MAELU Bulletin 86-1, Environmental Monitoring Programs was issued in February of 1986 addressing this concern. The Bulletin identifies five areas where improvements can be made in environmental monitoring programs to reduce the potential for litigation

  12. Aspects of nuclear penal liability

    International Nuclear Information System (INIS)

    Faria, N.M. de; Cruz, A.S.C. da

    1986-01-01

    Topics are treated with reference to articles of the Law 6.453 of october 17, 1977, relating to the nuclear penal liability. At the same time, the Penal Code disposes on illicits which may involve nuclear activity. With regard to the Jurisdiction, mention is made to the Federal Justice competence, due to the constitutional disposal. On the international field, the Convention on Physic Protection on Nuclear Material Transport disposes on illicit fact in which nuclear material may be involved. (Author) [pt

  13. Environmental Liability and Organizational Structure

    OpenAIRE

    Laurent Franckx; F.P. de Vries

    2004-01-01

    This paper presents a multitask principal-agent model to examine how environmental liability rules for individual managers within a corporate hierarchy affect, on the one hand, the incentive schemes the organization provides and, on the other hand, the choice between a functional or a product-based organizational structure. If managers are risk neutral, a product-based organization dominates a functional organization and allows to obtain first-best effort level. If, moreover, there are no dis...

  14. Historical Drawbacks of Limited Liability

    Directory of Open Access Journals (Sweden)

    Denis Boyle

    2016-07-01

    Full Text Available Limited liability is a human invention which has facilitated enormous economic growth around the world, particularly since the time of its general application in advanced countries during the nineteenth century. The individual legal identity of companies, coupled with the limited liability of their owners, has provided protection for investors from the risks associated with their investments. It has thus contributed to increase the sources of capital available to finance projects which might otherwise have been considered unviable. However, the legal protection offered to investors has negative consequences for other participants in economies. Speculation in stock markets often damages society. It is very important to study the drawbacks of limited liability and to suggest modifications to achieve a more stable, less volatile, economic growth in the world. Although this article goes to some lengths to recognise the work of authors who emphasise the positive historical economic contribution of limited lability, its main objective is to provoke a reflection around texts which point out the drawbacks and propose solutions.

  15. Management of UKAEA graphite liabilities

    International Nuclear Information System (INIS)

    Wise, M.

    2001-01-01

    The UK Atomic Energy Authority (UKAEA) is responsible for managing its liabilities for redundant research reactors and other active facilities concerned with the development of the UK nuclear technology programme since 1947. These liabilities include irradiated graphite from a variety of different sources including low irradiation temperature reactor graphite (the Windscale Piles 1 and 2, British Energy Pile O and Graphite Low Energy Experimental Pile at Harwell and the Material Testing Reactors at Harwell and Dounreay), advanced gas-cooled reactor graphite (from the Windscale Advanced Gas-cooled Reactor) and graphite from fast reactor systems (neutron shield graphite from the Dounreay Prototype Fast Reactor and Dounreay Fast Reactor). The decommissioning and dismantling of these facilities will give rise to over 6,000 tonnes of graphite requiring disposal. The first graphite will be retrieved from the dismantling of Windscale Pile 1 and the Windscale Advanced Gas-cooled Reactor during the next five years. UKAEA has undertaken extensive studies to consider the best practicable options for disposing of these graphite liabilities in a manner that is safe whilst minimising the associated costs and technical risks. These options include (but are not limited to), disposal as Low Level Waste, incineration, or encapsulation and disposal as Intermediate Level Waste. There are a number of technical issues associated with each of these proposed disposal options; these include Wigner energy, radionuclide inventory determination, encapsulation of graphite dust, galvanic coupling interactions enhancing the corrosion of mild steel and public acceptability. UKAEA is currently developing packaging concepts and designing packaging plants for processing these graphite wastes in consultation with other holders of graphite wastes throughout Europe. 'Letters of Comfort' have been sought from both the Low Level Waste and the Intermediate Level Waste disposal organisations to support the

  16. Induced seismicity and the potential for liability under U.S. law

    Science.gov (United States)

    Cypser, Darlene A.; Davis, Scott D.

    1998-04-01

    Research by seismologists over the past 30+ years has firmly established that some human activities induce seismicity. Sometimes induced seismicity causes injuries to people or property. The activities which induce seismicity generally involve extraction of energy, or natural resources, or the disposal of wastes. As the human population increases these extraction and disposal activities will increase in number of sites and intensity of effort as the demands become greater and the resources scarcer. With these increases the number and severity of damaging induced earthquakes is likely to increase. Induced seismicity may cause injuries by vibrations or by seismically induced ground failure. In either case compensation for injuries caused by induced seismicity should be paid for by the inducer. In the United States the inducer of damaging seismicity can be made to pay for the harm caused. Liability for damage caused by vibrations can be based on several legal theories: trespass, strict liability, negligence and nuisance. Our research revealed no cases in which an appellate court has upheld or rejected the application of tort liability to an induced earthquake situation. However, there are numerous analogous cases that support the application of these legal theories to induced seismicity. Vibrations or concussions due to blasting or heavy machinery are sometimes viewed as a `trespass' analogous to a physical invasion. In some states activities which induce earthquakes might be considered `abnormally dangerous' activities that require companies engaged in them to pay for injuries the quakes cause regardless of how careful the inducers were. In some circumstances, a court may find that an inducer was negligent in its site selection or in maintenance of the project. If induced seismicity interferes with the use or enjoyment of another's land, then the inducing activity may be a legal nuisance, even if the seismicity causes little physical damage. In most states of the

  17. A RESPONSABILIDADE CIVIL DOS REGISTRADORES IMOBILIÁRIOS THE LIABILITY OF THE ESTATE REGISTERS

    Directory of Open Access Journals (Sweden)

    Fernanda Heloisa Macedo Soares

    2015-12-01

    their functions . The main focus was the liability of the registers , it is evident that for a coherent and sequential theme, it was necessary to approach the fundamental concepts inherent to civil liability, as well as the concept of registers . The aim of this study was to analyze the Brazilian legal system on the registers, and from a systematic interpretation of existing standards to identify what type of responsibility that should be attributed to those who although they are endowed public faith in the acts involved and Declarations depict , are not civil servants . With the goal to achieve this goal it was necessary to address liability from its historical aspects , its assumptions , cheganto its classification as a liability in contract or tort , objective or subjective . Mention was also made regarding the liability of the State , moreover , has been explained on the registers, from its origins , with emphasis on their roles and acts done by them. The methodology used was the literature research . Given what has been exposed in the development of this monograph , we reached the conclusion that the liability of the registers it is subjective liability , ie , one that requires proof of fault element , since these are individuals and do not fit on the provisions of Article 36 , § 7 of the Constitution.   Keywords: Liability, Recorder, Real Estate Management

  18. The coupled code system TORT-TD/ATTICA3D for 3-D transient analysis of pebble-bed HTGR

    International Nuclear Information System (INIS)

    Seubert, A.; Sureda, A.; Lapins, J.; Buck, M.; Laurien, E.; Bader, J.; EnBW Kernkraft GmbH, Philippsburg

    2012-01-01

    This paper describes the time-dependent 3-D discrete-ordinates based coupled code system TORT-TD/ATTICA3D and its application to HTGR of pebble bed type. TORT-TD/ATTICA3D is represented by a single executable and adapts the so-called internal coupling approach. Three-dimensional distributions of temperatures from ATTICA3D and power density from TORT-TD are efficiently exchanged by direct memory access of array elements via interface routines. Applications of TORT-TD/ATTICA3D to three transients based on the PBMR-400 benchmark (total and partial control rod withdrawal and cold helium ingress) and the full power steady state of the HTR-10 are presented. For the partial control rod withdrawal, 3-D effects of local neutron flux redistributions are clearly identified. The results are very promising and demonstrate that the coupled code system TORT-TD/ATTICA3D may represent a key component in a future comprehensive 3-D code system for HTGR of pebble bed type. (orig.)

  19. The time-dependent 3D discrete ordinates code TORT-TD with thermal-hydraulic feedback by ATHLET models

    International Nuclear Information System (INIS)

    Seubert, A.; Velkov, K.; Langenbuch, S.

    2008-01-01

    This paper describes the time-dependent 3D discrete ordinates transport code TORT-TD. Thermal-hydraulic feedback is considered by coupling TORT-TD with the thermal-hydraulics system code ATHLET. The coupled code TORT-TD/ATHLET allows 3D pin-by-pin analyses of transients in few energy groups and anisotropic scattering by solving the time-dependent transport equation using the unconditionally stable implicit method. The nuclear cross sections are interpolated between pre-calculated table values of fuel temperature, moderator density and boron concentration. For verification of the implementation, selected test cases have been calculated by TORT-TD/ATHLET. They include a control rod ejection transient in a small PWR fuel assembly arrangement and a local boron concentration change in a single PWR fuel assembly. In the latter, special attention has been paid to study the influence of the thermal-hydraulic feedback modelling in ATHLET. The results obtained for a control rod ejection accident in a PWR quarter core demonstrate the applicability of TORT-TD/ATHLET. (authors)

  20. Comment: Legal Liability as Climate Change Policy

    OpenAIRE

    Hilary Sigman

    2007-01-01

    Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

  1. Intangible liabilities: beyond models of intellectual assets

    OpenAIRE

    García Parra, Mercedes; Simó Guzmán, Pep; Sallán Leyes, José María; Mundet Hiern, Joan

    2009-01-01

    Purpose – Most models of intellectual capital measurment equal intellectual capital with intellectual assets. Nevertheless, companies sometimes must incur liabilities to make intellectual assets truly actionable. This fact suggests the existence of intangible liabilities. The aim of this paper is to refine the methods of assessment of intellectual capital by refining and extending the concept of intangible liabilities. Design/methodology/approach – The paper consists of a literature revi...

  2. THE BUILDER?S LIABILITY BEYOND THE DEFECTS LIABILITY

    Directory of Open Access Journals (Sweden)

    Johnson I IKPO

    2005-01-01

    Full Text Available This paper reviews the obligations of a builder after the expiration of the contracted defects liability period using relevant decided cases. The common areas identified as forming the bedrock of litigation pertain to structural and dimensional stability, freedom from damp, durability, adequate drainage, good waste disposal works, and effective service installations. Particular reference is made to walls, roofs, and services, which from the pilot study account for about 46%, 23%, and 17% respectively of the total defects attributable to the builder. It is concluded that the builder is responsible for defects arising from his product till the effluxion of reasonable time, except he establishes an element of contributory negligence.

  3. International Liability Issues for Software Quality

    National Research Council Canada - National Science Library

    Mead, Nancy

    2003-01-01

    This report focuses on international law related to cybercrime, international information security standards, and software liability issues as they relate to information security for critical infrastructure applications...

  4. Report by the Nuclear Liability Commission

    International Nuclear Information System (INIS)

    2003-01-01

    The Nuclear Liability Commission set up by the Ministry of Trade and Industry was to find out whether the basic principles of Finland's current nuclear liability system are appropriate and well functioning and what changes should be made to the present system, taking into account Finland's position in the European convention system (Paris and Brussels Conventions). No proposal in the form of a bill was expected of the Commission. The Finnish nuclear liability system would be further developed as part of the international convention system so that the negotiated amendments to the conventions would be enforced in Finland as soon as possible after the final adoption of the convention texts. The Nuclear Liability Act would be amended so that the principle of unlimited liability of the nuclear installation operator would be adopted instead of the principle of limited liability. The unlimited liability should be covered by an insurance limited in amount so that the installation operator must take out an insurance of at least euro 700 million to cover the injured parties. The liability of the host State would be extended to cover damages exceeding the amount subject to the liability to take out an insurance referred to above by euro 500 million. The international compensation community would cover damages exceeding euro 1.2 billion by no more than euro 300 million. In this case a total of euro 1.5 billion should be compensated from the liability insurance of the installation operator and on the basis of the liability obligation of the host State and compensation community. Later, within the limits of the insurance capacity available, the liability to take out an insurance could be increased to euro 1.2 billion by gradually raising the limit so as to finally also cover fully the share of euro 500 million of the host State referred to above. As for appeal times, the Nuclear Liability Act would be amended so that the appeal time of personal damages would be prolonged. The

  5. Limiting the liability of the nuclear operator

    International Nuclear Information System (INIS)

    Reyners, P.

    1986-01-01

    This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA) [fr

  6. Nuclear third party liability under Polish law

    International Nuclear Information System (INIS)

    Lewaszkiewic-Petrykowska, B.

    1988-01-01

    This paper describes the system governing liability for nuclear incidents in Poland. The Atomic Energy Act of 10 April 1986, which entered into force on 1 July 1986, covers all aspects of nuclear activities, including third party liability. Such liability is channelled onto the nuclear operator who must take out insurance to cover his liability up to an amount fixed in the contract. The Act provides that questions not settled by its provisions are governed by the Civil Code; therefore, if personal injuries exceed that amount victims may claim the difference from the State under that Code (NEA) [fr

  7. Liability for the nuclear risk

    International Nuclear Information System (INIS)

    Faure, M.; Govaerts, P.; Malbrain, C.; Veuchelen, L.; Spriet, B.

    1993-01-01

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs

  8. Laparoscopic management of a large torted ovarian cyst in an adolescent virgin: a case report

    OpenAIRE

    Sabry, Mohamed; Mahmoud,Eman; Al-Hendy,Ayman

    2012-01-01

    Mohamed Sabry,1,2 Abdou S Ait Allah,1 Eman Roshdy,2,3 Ayman Al-Hendy21Department of Obstetrics and Gynecology, Sohag Faculty of Medicine, Sohag University, Sohag, Egypt; 2Department of Obstetrics and Gynecology, Center for Women’s Health Research, Meharry Medical College, Nashville, TN, USA; 3Department of Public Health and Community Medicine, Sohag Faculty of Medicine, Sohag University, Sohag, EgyptAbstract: We report a case of a torted mature cystic teratoma in a 23-year-old, sexu...

  9. The nuclear liability conventions revised

    International Nuclear Information System (INIS)

    Reyners, P.

    2004-01-01

    The signature on 12 February 2004 of the Protocols amending respectively the 1960 Paris Convention and the 1963 Brussels Supplementary Convention was the second step of the process of modernisation of the international nuclear liability regime after the adoption in September 1997 of a Protocol revising the 1963 Vienna Convention and of a new Convention on Supplementary Compensation for Nuclear Damage. The common objective of the new instruments is to provide more funds to compensate a larger number of potential victims in respect of a broader range of damage. Another goal of the revision exercise was to maintain the compatibility between the Paris and Vienna based systems, a commitment enshrined in the 1988 Joint Protocol, as well as to ascertain that Paris/Brussels countries could also become a Party to the Convention on Supplementary Compensation. However, while generally consistent vis a vis the Joint Protocol, the provisions of the Paris and Vienna Conventions, as revised, differ on some significant aspects. Another remaining issue is whether the improved international nuclear liability regime will succeed in attracting in the future a larger number of countries, particularly outside Europe, and will so become truly universal. Therefore, the need for international co-operation to address these issues, to facilitate the adoption of new implementing legislation and to ensure that this special regime keeps abreast of economic and technological developments, is in no way diminished after the revision of the Conventions.(author)

  10. Environmental pollution and liability insurance

    International Nuclear Information System (INIS)

    Boediker, T.

    1980-01-01

    By the declared will of the legislative bodies to give effect to the polluter pays principle on all levels those have to pay the costs of removing impairments of environmental media that are responsible for its occurence. Thus environmental pollution becomes a considerable financial risk for the polluter. Against this risk they try to protect themselves by the corresponding precautionary measures, e.g. by insurance. The insurance industry is consequently requested to meet this new demand. The legal bases are followed by the description of the insurance relationship under the aspect of the theory of risks, which follows, based on the basic model of decision theory, the objective of a quantitative representation of the situation of the decision. In the last chapter the author deals with the financial security for the risks of a third party liability insurance of environmental pollution as it is offered today in the Federal Republic of Germany. The elaboration of the existing financial security is then compared with the legal conditions of liability. In doing this the author describes cases not covered by financial security and its definition by comparison with findings of risk theory. As a result it becomes obvious that numerous exclusions of risks could quite good be included in the financial security and that the argument of the impossibility to insure often put forward by the insurers to justify the exclusion of risks can neither theoretically nor practically be uphold. (orig./HSCH) [de

  11. Radiological risks and civil liability

    International Nuclear Information System (INIS)

    Miller, C.E.

    1989-01-01

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author)

  12. Radiological risks and civil liability

    Energy Technology Data Exchange (ETDEWEB)

    Miller, C.E. (Salford Univ. (UK). Environmental Health and Housing Div.)

    1989-01-01

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author).

  13. Nuclear civil liability international system. Evolution prospects

    International Nuclear Information System (INIS)

    Reyners, P.

    1996-01-01

    This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

  14. Liability for nuclear damage and compensation therefor

    International Nuclear Information System (INIS)

    Prochazkova, D.

    1996-01-01

    The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

  15. Effectiveness of Existing International Nuclear Liability Regime

    International Nuclear Information System (INIS)

    Al-Doais, Salwa; Kessel, Daivd

    2015-01-01

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  16. Effectiveness of Existing International Nuclear Liability Regime

    Energy Technology Data Exchange (ETDEWEB)

    Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

    2015-10-15

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  17. Liability and Insurance for Suborbital Flights

    Science.gov (United States)

    Masson-Zwaan, T.

    2012-01-01

    This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.

  18. THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

    Directory of Open Access Journals (Sweden)

    Oleksii Drozd

    2017-12-01

    Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

  19. GRAVE: An Interactive Geometry Construction and Visualization Software System for the TORT Nuclear Radiation Transport Code

    International Nuclear Information System (INIS)

    Blakeman, E.D.

    2000-01-01

    A software system, GRAVE (Geometry Rendering and Visual Editor), has been developed at the Oak Ridge National Laboratory (ORNL) to perform interactive visualization and development of models used as input to the TORT three-dimensional discrete ordinates radiation transport code. Three-dimensional and two-dimensional visualization displays are included. Display capabilities include image rotation, zoom, translation, wire-frame and translucent display, geometry cuts and slices, and display of individual component bodies and material zones. The geometry can be interactively edited and saved in TORT input file format. This system is an advancement over the current, non-interactive, two-dimensional display software. GRAVE is programmed in the Java programming language and can be implemented on a variety of computer platforms. Three- dimensional visualization is enabled through the Visualization Toolkit (VTK), a free-ware C++ software library developed for geometric and data visual display. Future plans include an extension of the system to read inputs using binary zone maps and combinatorial geometry models containing curved surfaces, such as those used for Monte Carlo code inputs. Also GRAVE will be extended to geometry visualization/editing for the DORT two-dimensional transport code and will be integrated into a single GUI-based system for all of the ORNL discrete ordinates transport codes

  20. The impact of tort reform on intensity of treatment: evidence from heart patients.

    Science.gov (United States)

    Avraham, Ronen; Schanzenbach, Max

    2015-01-01

    This paper analyzes the effect of non-economic damage caps on the treatment intensity of heart attack victims. We focus on whether a patient receives a major intervention in the form of either a coronary artery by-pass or angioplasty. We find strong evidence that treatment intensity declines after a cap on non-economic damages. The probability of receiving a major intervention in the form of either an angioplasty or bypass declines by 1.25-2 percentage points after non-economic damage caps are enacted, and this effect is larger a year or two after reform. However, we also find clear evidence of substitution between major interventions. When doctors have discretion to perform a by-pass and patients have insurance coverage, caps on non-economic damages increase the probability that a by-pass is performed. The effect of non-economic damage caps on costs is not always statistically significant, but in models with state-specific trends, total costs decline by as much as four percent. We conclude that tort reform reduces treatment intensity overall, even though it changes the mix of treatments. Using the Center for Disease Control's Vital Statistics data, we find that tort reform is not associated with an increase in mortality from coronary heart disease; if anything, mortality declines. Copyright © 2014 Elsevier B.V. All rights reserved.

  1. Apportioning liability for transborder damages

    International Nuclear Information System (INIS)

    Krause-Ablass, W.-D.

    1988-01-01

    The legal situation in the case of cross border damage being caused by reactor accidents or transportation of nuclear material through more than one country is analysed. Two questions have to be asked - which country's courts have jurisdiction over the claims for damage? and which law is applicable? In considering the jurisdiction problem, the Paris and Vienna Conventions are discussed and also other rules of jurisdiction. The way the law is applicable is discussed in the second section. When the action for liability is based on the Paris or Vienna Convention the issue of reciprocity may arise and this is discussed. After a nuclear incident a potential plaintiff may have a choice amongst various jurisdictions and various available laws. Success may depend on the right choice of the forum chosen. This is illustrated by two examples. (U.K.)

  2. Financial security for nuclear liability

    International Nuclear Information System (INIS)

    Francis, H.W.

    1979-01-01

    In almost every country where nuclear insurance pools operate, except for the United States, national nuclear legislation is either based on the principles of the Paris and Vienna nuclear third party liability conventions or is strongly influenced by them. The most important feature of this legislation is the absolute liabilityy of the operator, which simplifies the insurance process by avoiding duplication of cover and minimising the possibility of complex legal questions arising in case of an incident. The paper describes the arrangements for provision of financial security, the prescription period, insurance requirements, legal costs etc. Also, problems connected with the insurance of two or more installations on the same site are analysed. (NEA) [fr

  3. Fusion energy and nuclear liability considerations

    International Nuclear Information System (INIS)

    Fork, William E.; Peterson, Charles H.

    2014-01-01

    For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. As scientific research progresses in its aim to achieve fusion 'ignition', where nuclear fusion becomes self-sustaining, the international legal community should consider how fusion power technologies fit within the current nuclear liability legal framework. An understanding of the history of the civil nuclear liability regimes, along with the different risks associated with fusion power, will enable nations to consider the proper legal conditions needed to deploy and commercialise fusion technologies for civil power generation. This note is divided into three substantive parts. It first provides background regarding fusion power and describes the relatively limited risks of fusion technologies when compared with traditional nuclear fission technologies. It then describes the international nuclear liability regime and analyses how fusion power fits within the text of the three leading conventions. Finally, it examines how fusion power may fall within the international nuclear liability framework in the future, a discussion that includes possible amendments to the relevant international liability conventions. It concludes that the unique nature of the current civil nuclear liability regime points towards the development of a more tailored liability solution because of the reduced risks associated with fusion power. (authors)

  4. Improvement of nuclear third party liability system

    International Nuclear Information System (INIS)

    Kim, S. W.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

    2001-01-01

    A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

  5. Case-Based Instructional Practices: A Multiple-Case Study from Torts, Marketing, and Online Instructional Design Classes

    Science.gov (United States)

    Jung, Ji yoon

    2017-01-01

    The purpose of this study is to provide a comprehensive account on case-based instructional practices. Semester-long participant observation records in torts, marketing, and online instructional design classes, instructor interviews, course syllabi and teaching materials were used to describe the within-class complexity of the practices in terms…

  6. The Student-Athlete and the National Collegiate Athletic Association: The Need for a Prima Facie Tort Doctrine

    Science.gov (United States)

    Duckworth, Roy D., III

    1975-01-01

    In examining whether courts have jurisdiction to hear student-athlete grievances against the National Collegiate Athletic Association (NCAA) the author rejects the position that the NCAA's activities are under cover of state law, and instead proposes that the student-athlete's remedy lies in an action against the NCAA for a prima facie tort. (JT)

  7. Electronuclear Park, Privatization and Civil Strict Liability

    International Nuclear Information System (INIS)

    Mondello, Gerard Camille

    2008-01-01

    The civil strict liability regime of the electronuclear industry is a fundamental variable for preventing risk. Because prices of other energies as oil or gas are becoming higher and unpredictable, nuclear power becomes cost-effective and may favour the partial privatization of nuclear parks. By considering theoretical traditional liability models, we study the conditions that ensure the most efficient safety level when comparing natural monopoly situation and Bertrand duopoly. Our results are that natural monopoly is safer than duopoly only when strict liability is fully applied. We define conditions that neutralize risk for applying some privatization plan to nuclear park

  8. The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services

    Directory of Open Access Journals (Sweden)

    Deborah Pergament

    2014-12-01

    Full Text Available This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS, the Food and Drug Administration (FDA and the Federal Trade Commission (FTC, play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments.

  9. Joint liability lending and the peer selection effect

    NARCIS (Netherlands)

    Gangopadhyay, S; Ghatak, M; Lensink, R

    2005-01-01

    We show that the joint liability lending contracts derived in Ghatak (2000) violate an ex post incentive-compatibility constraint which says that the amount of joint liability cannot exceed the amount of individual liability. We derive and characterise optimal separating joint liability contracts

  10. Including district heating pipelines in absolute liability laws

    Energy Technology Data Exchange (ETDEWEB)

    Gronau, W

    1977-10-01

    On January 1, 1978 the provisions of the Act Amending the Rules of Liability Damages have entered into force. Formally this means that the provisions of the Reich Liability Act (Reichshaftpflichtgesetz, RHG) and those of the Act on Liability with Respect to Property Damage of Railways and Tramways (SHG) are now combined under the new term of Liability Act (Haftpflichtgesetz). In material terms it means that the district heat industry with its supply pipelines is subject to absolute liability. This creates a liability situation for this industry which has been existing for the electricity and gas industries since 1943 as a result of an amendment of the Reich Liability Act.

  11. 48 CFR 1852.228-78 - Cross-waiver of liability for NASA expendable launch vehicle launches.

    Science.gov (United States)

    2010-10-01

    ... (a term used in civil law countries to denote a class of cases similar to tort) and tort (including negligence of every degree and kind) and contract, against: (i) Any party other than the Government; (ii) A...

  12. Progress towards a global nuclear liability regime

    International Nuclear Information System (INIS)

    2014-01-01

    During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

  13. Liability exposure for surgical robotics instructors.

    Science.gov (United States)

    Lee, Yu L; Kilic, Gokhan; Phelps, John Y

    2012-01-01

    Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks. Published by Elsevier Inc.

  14. A Danish Twin Study of Schizophrenia Liability

    DEFF Research Database (Denmark)

    Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I

    2016-01-01

    whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia...

  15. Comprehensive Environmental Response, Compensation and Liability Act

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — This data represents geographic terms used within the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, commonly known as...

  16. Alcohol on Campus and Possible Liability.

    Science.gov (United States)

    Buchanan, E. T.

    1983-01-01

    Reviews laws and court cases relating to alcohol and possible civil and criminal liability. Suggests a number of risk management principles, including knowledge of the law, policies forbidding hazing, fostering alcohol awareness, and discipline. (JAC)

  17. Should nuclear liability limits be removed. Yes

    International Nuclear Information System (INIS)

    Haas, L.

    1985-01-01

    Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

  18. Direct liability of corporations and their personnel under CERCLA

    International Nuclear Information System (INIS)

    Landreth, L.W.

    1991-01-01

    The prevailing liability theory applied to those persons who have caused, through their action or inaction, the release of a hazardous substance is that CERCLA provides a statutory basis for direct personal liability This direct avenue to liability is in conflict with well-settled principles of corporate limited liability. This paper discusses the impact CERCLA has had on the common law concepts of liability for corporations and their members

  19. Optimization of the company tax liability

    OpenAIRE

    Jelínková, Blanka

    2010-01-01

    This thesis introduces the tax system of the Czech Republic. The corporate income tax in particular is specified in bigger detail. Its basic structural elements are described with the focus on the transformation of the accountable profit to the tax base. The practical part is divided into chapters, each of which deals with the optimization of the amount of the real tax liability. The content, instruments mentioned and methods for decreasing company tax liability applied suggest this work more...

  20. Asset liability management using stochastic programming

    OpenAIRE

    Pirbhai, M; Mitra, G; Kyriakis, T

    2003-01-01

    This chapter sets out to explain an important financial planning model called asset liability management (ALM); in particular, it discusses why in practice, optimum planning models are used. The ability to build an integrated approach that combines liability models with that of asset allocation decisions has proved to be desirable and more efficient in that it can lead to better ALM decisions. The role of uncertainty and quantification of risk in these planning models is con...

  1. Nuclear liability, nuclear safety, and economic efficiency

    International Nuclear Information System (INIS)

    Wood, W.C.

    1980-01-01

    This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

  2. Liability for nuclear damage. An international perspective

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    The book deals with some of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on this experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may be fully intelligible for those who have not participated in or closely followed in Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states the engage their liability; conflict of interests between nuclear and non-nuclear states has been manifested. After three years of discussion no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structures of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issues, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

  3. New Trends in European Nuclear Liability Law

    International Nuclear Information System (INIS)

    Getz, H.; Steinkemper, M.H.

    1981-10-01

    This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA) [fr

  4. BNFL nuclear decommissioning liabilities management program

    International Nuclear Information System (INIS)

    Colquhoun, A.P.

    1995-01-01

    The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

  5. Multitasking the three-dimensional transport code TORT on CRAY platforms

    International Nuclear Information System (INIS)

    Azmy, Y.Y.

    1996-01-01

    The multitasking options in the three-dimensional neutral particle transport code TORT originally implemented for Cray's CTSS operating system are revived and extended to run on Cray Y/MP and C90 computers using the UNICOS operating system. These include two coarse-grained domain decompositions; across octants, and across directions within an octant, termed Octant Parallel (OP), and Direction Parallel (DP), respectively. Parallel performance of the DP is significantly enhanced by increasing the task grain size and reducing load imbalance via dynamic scheduling of the discrete angles among the participating tasks. Substantial Wall Clock speedup factors, approaching 4.5 using 8 tasks, have been measured in a time-sharing environment, and generally depend on the test problem specifications, number of tasks, and machine loading during execution

  6. Recent improvements in the performance of the muiltitasked TORT on time-shared Cray computers

    International Nuclear Information System (INIS)

    Azmy, Y.Y.

    1996-01-01

    Coarse-grained angular domain decomposition of the mesh sweep algorithm has been implemented in ORNL's three dimensional transport code TORT for Cray's macrotasking environment on platforms running the UNICOS operating system. A performance model constructed earlier is reviewed and its main result, namely the identification of the sources of parallelization overhead, is used to motivate the present work. The sources of overhead treated here are: redundant operations in the angular loop across participating tasks; repetitive task creation; lock utilization to prevent overwriting the flux moment arrays accumulated by the participating tasks. Substantial reduction in the parallelization overhead is demonstrated via sample runs with fixed tunning, i.e. zero CPU hold time. Up to 50% improvement in the wall clock speedup over the previous implementation with autotunning is observed in some test problems

  7. Establishing breach of the duty of care in the tort of negligence.

    Science.gov (United States)

    Tingle, John

    This article, the third in a series on clinical negligence, looks at the law surrounding breach of the duty of care in negligence. It shows some of the principles that judges and lawyers use in order to decide whether a person has broken his/her duty of care in the tort of negligence. It will be seen that the principles are contained in decided court cases, some of which are quite old but are still relevant today. The focus of this article is on the rule that courts, in deciding the issue of a breach of duty of care, would judge the defendant's conduct by the standard of what the hypothetical, 'reasonable person' would have done in the circumstances of the case.

  8. Chernobyl: Lessons in nuclear liability

    International Nuclear Information System (INIS)

    Kwaczek, A.S.; Mooney, S.; Kerr, W.A.

    1990-01-01

    Chernobyl dumped significant quantities of radioactive fallout as far as 1,300 miles away, causing severe economic loss in nations stretching from Sweden to Greece. It cost innocent sheep growers in Wales, fishermen in Switzerland, reindeer-dependent Laplanders in Norway, dairymen in Sweden and Austria, and cheese makers in Greece. European nations have calculated costs from deposition of nuclear materials in the hundreds of millions report the authors. The accident at chernobyl and the European experience with the consequences can offer several insights relevant to the US commercial nuclear industry, the authors note: (1) the aggregate effect of such an accident is extremely large and unpredictable; (2) adequate disaster planning can significantly reduce costs and ease the disruption; and (3) the experience raises questions about the adequacy of the nation's nuclear insurance and liability programs. given the number of commissioned nuclear reactors today, the present scheme would provide financial compensation of approximately $7 billion per incident. Depending on the circumstances, the authors say this may not be sufficient

  9. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  10. Common Purpose Liability versus Joint Enterprise: A Practical View on the ICC's Hierarchy of Liability Theories

    NARCIS (Netherlands)

    Cupido, M.

    2016-01-01

    On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory

  11. Insurance Cover for Revised Nuclear Liability

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2008-01-01

    The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

  12. Transfrontier nuclear civil liability without international conventions

    International Nuclear Information System (INIS)

    Dogauchi, M.

    1992-01-01

    Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

  13. Liability for damage to the global commons

    International Nuclear Information System (INIS)

    Leigh, K.

    1993-01-01

    The 'global commons' discussed in this paper are the areas beyond the limits of national jurisdiction. Responsibility to prevent environmental damage to these areas is clearly recognized in customary international law. On the other hand, although liability for such damage undoubtedly has a useful role to play in protecting these areas, the precise nature of liability for such damage is unclear. Some issues, such as whether liability for such damage is strict or tied to breaching a standard of care and the definition of environmental damage, equally arise in relation to damage to the environment of States. Others, such as who could take action to enforce the liability and the nature of the remedy, raise special problems in the case of damage to the global commons. The work under way in the IAEA Standing Committee on Liability for Nuclear Damage provides an opportunity for clarifying these issues in relation to nuclear damage to the global commons. Treaties dealing with particular types of damage which have recently been adopted or are currently being developed in other fields provide a starting point in dealing with this matter. More work, however, needs to be done

  14. Future financial liabilities of nuclear activities

    International Nuclear Information System (INIS)

    1996-01-01

    This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

  15. Some observations on the limitations of present tort law and some thoughts on a comprehensive Nuclear Accident Act

    International Nuclear Information System (INIS)

    Jose, D.E.

    1988-01-01

    The author recalls that the existing English and American tort system has been designed to provide answers to person-specific questions, i.e. whether the acts of the defendant have caused the plaintiff's injury. When the defendant's act was exposure to radiation and the plaintiff's injury is cancer, the present scientific knowledge cannot answer that person-specific question. Only a group answer can be given. Either there are or are not excess cancers in the exposed population. But if excess cancers exist science cannot identify which person's cancer is naturally occurring and which was caused by the radiation exposure. The author discusses changing the present American system's form of analysis. Under tort law and replacing it by a comprehensive Nuclear Accident Act providing a system that could ask group questions and provide group relief (NEA) [fr

  16. The Pulse of Liability of Foreignness

    DEFF Research Database (Denmark)

    Kaiser, Ulrich; Sofka, Wolfgang

    companies. Such liabilities of foreignness are persistent in nature. We investigate the causes behind these detrimental effects. We identify two major factors conceptually: a lack of legitimacy in the host country on the demand side and a lack of responsiveness on the side of the multinational corporation......Globalization has provided many companies with new opportunities for growth and efficiency. This requires them to operate successfully across cultural and social borders. These can be stumbling blocks to internationalization and have been found to cause frequent errors and delays for multinational...... that legitimacy is the dominant factor behind the effects of liability of foreignness. As customer experience increases, liability of foreignness caused by a lack of responsiveness becomes more of an issue....

  17. Liability in maritime transport of dangerous goods

    International Nuclear Information System (INIS)

    Feldhaus, H.

    1985-01-01

    The first part contains a description of national liability standards for maritime transport in the French, English, US-American and West German legislation. This is followed up by a detailed review of the existing international agreements. The book is rounded off by a critical evaluation of the presently held discussion and suggested solutions on the problems of liability in the maritime transport of dangerous goods other than mineral oil. The author takes a close look at the 'Entwurf eines Internationalen Uebereinkommens ueber die Haftung und den Schadenersatz bei der Befoerderung schaedlicher und gefaehrlicher Stoffe auf See' ('draft of an international agreement on liability and compensation for damage in maritime transport of noxious and dangerous goods') in the version of May 23, 1983, which was discussed on an international diplomat's conference in London without however, yielding any concrete results. (orig./HP) [de

  18. Proposed Amendments to the Nuclear Liability

    International Nuclear Information System (INIS)

    1981-01-01

    This Memorandum issued by the Swedish Ministry of Justice contains proposed amendments to the 1968 Nuclear Liability Act which can be divided into two categories. Those in the first category are required to enable Sweden to ratify the draft Protocols to amend the Paris Convention and the Brussels Supplementary Convention. The second category of amendments propose that the nuclear operator's liability be raised from the present sum of 50 million Kroner to 500 million Kroner, to be covered by insurance; it is also proposed that a State liability be introduced over and above the compensation available, the aggregate amount being limited to 300 million Kroner. State indemnification would apply to the Nordic countries. The Annexes to the Memorandum contain the English and French texts of the draft Protocols to amend both above-mentioned Conventions (NEA) [fr

  19. The safety-incentive theory of liability

    International Nuclear Information System (INIS)

    Marshall, J.M.

    1977-11-01

    The use of liability law to improve incentives for safety is supported by certain recent theoretical results. The main ideas and the key argumants are summarized. Basic weaknesses of the theory are discussed, namely: (1) the simple model of Calabresi does not generalize; (2) the more complex systems of J.P. Brown, P. Diamond, and J. Green require that courts possess a great deal of information and use it to set appropriate standards of due care; (3) in practice safety incentives also depend upon fear of criminal penalties and the sense of social responsibility. The questions whether and when liability rules can significantly affect incentives are addressed. It is concluded that the theory in its present state can hardly serve as a basis for altering liability rules

  20. Analysis of your professional liability insurance policy.

    Science.gov (United States)

    SADUSK, J F; HASSARD, H; WATERSON, R

    1958-01-01

    The most important lessons for the physician to learn in regard to his professional liability insurance coverage are the following:1. The physician should carefully read his professional liability policy and should secure the educated aid of his attorney and his insurance broker, if they are conversant with this field.2. He should particularly read the definition of coverage and carefully survey the exclusion clauses which may deny him coverage under certain circumstances.3. If the physician is in partnership or in a group, he should be certain that he has contingent partnership coverage.4. The physician should accept coverage only from an insurance carrier of sufficient size and stability that he can be sure his coverage will be guaranteed for "latent liability" claims as the years go along-certainly for his lifetime.5. The insurance carrier offering the professional liability policy should be prepared to offer coverages up to at least $100,000/$300,000.6. The physician should be assured that the insurance carrier has claims-handling personnel and legal counsel who are experienced and expert in the professional liability field and who are locally available for service.7. The physician is best protected by a local or state group program, next best by a national group program, and last, by individual coverage.8. The physician should look with suspicion on a cancellation clause in which his policy may be summarily cancelled on brief notice.9. The physician should not buy professional liability insurance on the basis of price alone; adequacy of coverage and service and a good insurance company for his protection should be the deciding factors.

  1. The Principles Of Liability On Telemedicine Practices

    Directory of Open Access Journals (Sweden)

    Arman Anwar

    2016-09-01

    Full Text Available This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1 of the 1945 Constitution and Article 5 (1 of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3 BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability, feasibility and appropriateness (fair and reasionableness. Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good.

  2. Global Cities and Liability of Foreignness

    DEFF Research Database (Denmark)

    Wernicke, Georg; Mehlsen, Kristian

    2016-01-01

    In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability...... indicate that MNEs have a stronger propensity to locate in global cities than in metropolitan or peripheral areas, and that these locational choices are affected by institutional distance and industrial characteristics. The results provide empirical support for our argument that locating in a global city...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation....

  3. Search Engine Liability for Copyright Infringement

    Science.gov (United States)

    Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

    The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

  4. DISCIPLINAIRIE LIABILITIES OF THE EUROPEAN PUBLIC SERVANTS

    Directory of Open Access Journals (Sweden)

    Mihaela Tofan

    2009-09-01

    Full Text Available Work discipline is essential for the proper conduct of business within an organization with implications for productivity and efficiency. Disciplinary liability arises as a direct result of breach of service obligations and rules of behaviour. At EU level, disciplinary responsibility of community public servant is governed by the provisions of the Statute of the European Community published in the Official Journal of the European Community no. L 56 March 4, 1968 and amended on numerous occasions. This paper proposes an analysis of concrete conditions which require disciplinary liability of the European public servant, disciplinary sanctions and procedures for implementing them.

  5. Pin cell discontinuity factors in the transient 3-D discrete ordinates code TORT-TD

    International Nuclear Information System (INIS)

    Seubert, A.

    2010-01-01

    Even with the rapid increase of computing power, whole core transient and accident analyses based on the direct solution of the 3-D neutron transport equation with a large number of energy groups and a detailed heterogeneous description of the core still remain computationally challenging. Current industrial methods for reactor core calculations therefore involve a two step approach in which lattice (assembly) depletion transport methods are used to prepare energy collapsed and fuel assembly or pin cell homogenized cross sections for subsequent whole core transport calculations. Spatial homogenization, in principal, requires the knowledge of both the actual boundary condition (local core environment) of the fuel assembly and the exact heterogeneous flux distribution (reference solution) of the whole core problem within that fuel assembly. Since, in particular, the latter is not known a priori, an infinite medium (zero net current) condition is used in the lattice calculations. It is well known that this approximation may lead to undesirable errors in cores in which large flux gradients are present across the fuel assemblies. This is the case in cores that have high heterogeneity and/or strong local absorbers, e.g. PWRs with partial MOX loading and inserted control rod clusters. There are two major approaches to mitigate spatial homogenization errors, superhomogenization (SPH) factors, and discontinuity factors within the scope of equivalence theory (ET) and generalized equivalence theory (GET). Although discontinuity factors are usually applied at the level of fuel assembly node size (assembly discontinuity factors, ADF), the methodology can be extended to pin cell homogenized whole core calculations involving pin cell discontinuity factors (PDF). There are also further developments for both the diffusion and the simplified transport (SP3) equation. In this paper, PDFs are introduced into the time-dependent 3-D discrete ordinates code TORT-TD in order to reduce the

  6. 18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

    Science.gov (United States)

    2010-04-01

    ..., Derivative instrument liabilities. This account must include the change in the fair value of all derivative instrument liabilities not designated as cash flow or fair value hedges. Account 426.5, Other deductions... the fair value of the derivative instrument. ...

  7. motor vehicle lessors' liability for damages to third parties: acomment

    African Journals Online (AJOL)

    eliasn

    of defining the scope of application of the Ethiopian law on liability for damages ... Federal Supreme Court in a recent case has rendered a decision that allows. ♧ .... 3.1 Whether Third Party Practice Exonerates Joint and Several. Liability.

  8. On the optimal environmental liability limit for marine oil transport

    International Nuclear Information System (INIS)

    Di Jin; Kite-Powell, H.L.

    1999-01-01

    Recent changes in the US liability regime for oil pollution damage have intensified a policy debate about environmental liability limits. Economic theory suggests that some type of limit may be needed under certain conditions, and that such a limit should be set so that the marginal social benefit and cost are equal. However, it is unclear how a liability limit may be determined specifically for tanker shipping in US waters. We first examine conditions under which corner solutions (no liability or unlimited liability) are desirable. We then formulate a model to determine a socially optimal liability limit for oil pollution damage in US waters when a non-zero, finite liability limit is desirable. The model captures the tradeoff between less expensive energy supply and more stringent protection of the marine environment. Numerical simulations illustrate the properties of the model and major factors affecting the public policy decision regarding a liability limit. (author)

  9. The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

    International Nuclear Information System (INIS)

    Kolehmainen, H.

    2000-01-01

    In order to create a perspective for the presentation, it might be useful to recall the general aims and purposes of the existing system for exclusive liability in the international nuclear liability regime. As is well-known, the compensation system is based on two conventions (The Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 and the Vienna Convention on Civil Liability for Nuclear Damage of 1963). The norms in these Conventions define the level at which the compensation system for nuclear accidents is based. The international co-operation which resulted in the conventions was inspired by the aim to construct a system which awards a fair and sufficient compensation for the victims of a nuclear accident. Secondly, the aim was to promote the peaceful use of nuclear energy. The purpose was also to harmonize regulations concerning nuclear energy. The preparatory works for these conventions demand a general goal to balance the interests of the potential victims of a nuclear accident and the interest of society to promote the peaceful use of nuclear energy. National legislation on nuclear third party liability is based on these conventions. There are four basic principles which guide the normative framework of these conventions. The liability of the operator of a nuclear installation is not based on fault but is strictly based on its nature. Secondly, the liability is restricted to a certain sum per accident. Thirdly, the liability of the operator ought to be covered by insurance or state guarantee. Fourthly, the liability is channeled exclusively to the operator of a nuclear plant, meaning that there are no other persons to be held liable for a possible nuclear accident. Any new orientation on third party liability for nuclear damages should be within the context of existing regulations in the field. Exceptions from established international principles in the area of nuclear liability should be openly discussed and their consequences

  10. Looking at nuclear liability and insurance in Russia

    International Nuclear Information System (INIS)

    Schwartz, J.

    1997-01-01

    A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

  11. Liability-driven investment in longevity risk management

    OpenAIRE

    Helena Aro; Teemu Pennanen

    2013-01-01

    This paper studies optimal investment from the point of view of an investor with longevity-linked liabilities. The relevant optimization problems rarely are analytically tractable, but we are able to show numerically that liability driven investment can significantly outperform common strategies that do not take the liabilities into account. In problems without liabilities the advantage disappears, which suggests that the superiority of the proposed strategies is indeed based on connections b...

  12. Do ‘Cheeseburger Bills’ Work? Effects of Tort Reform for Fast Food

    OpenAIRE

    Christopher S. Carpenter; D. Sebastian Tello-Trillo

    2015-01-01

    After highly publicized lawsuits against McDonald’s in 2002, 26 states adopted Commonsense Consumption Acts (CCAs) – aka ‘Cheeseburger Bills’ – that greatly limit fast food companies’ liability for weight-related harms. We provide the first evidence of the effects of CCAs using plausibly exogenous variation in the timing of CCA adoption across states. In two-way fixed effects models, we find that CCAs significantly increased stated attempts to lose weight and consumption of fruits and vegetab...

  13. Focus on the future of nuclear liability law

    International Nuclear Information System (INIS)

    Pelzer, N.

    2000-01-01

    The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

  14. 26 CFR 50.5 - Liability for the tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

  15. 43 CFR 29.7 - Imposition of strict liability.

    Science.gov (United States)

    2010-10-01

    ... LIABILITY FUND § 29.7 Imposition of strict liability. (a) Notwithstanding the provisions of any other law... prove that the damages were caused by an act of war or by the negligence of the United States or other... negligence of such damaged party. (c)(1) Strict liability for all claims arising out of any one incident...

  16. 46 CFR 5.69 - Evidence of criminal liability.

    Science.gov (United States)

    2010-10-01

    ... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

  17. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

    Decamps, M.; de Schepper, A.; Goovaerts, M.

    2009-01-01

    This paper concerns optimal asset-liability management when the assets and the liabilities are modeled by means of correlated geometric Brownian motions as suggested in Gerber and Shiu [2003. Geometric Brownian motion models for assets and liabilities: from pension funding to optimal dividends.

  18. 37 CFR 10.78 - Limiting liability to client.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

  19. New Swiss legislation on nuclear third party liability

    International Nuclear Information System (INIS)

    Fischer, U.

    1981-10-01

    Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA) [fr

  20. Minimizing malpractice risks by role clarification. The confusing transition from tort to contract.

    Science.gov (United States)

    Green, J A

    1988-08-01

    The purposes and applications of informed consent are the subject of confusion and controversy according to a President's Commission report. The Commission suggests shared decision making as the new ideal for physician-patient relationships, but notes that such a changed ideal will not be initiated by court action. The four models of decision making are the traditional model, informed consent, collaboration, and patient choice. Misunderstandings about these and other terms arise when they are implied; therefore, they should be defined expressly. Mutual expectations should be ascertained and common misunderstandings that erode relationships and lead to litigation should be clarified. Without agreements, different models may be selected and expectations about responsibility may differ. Such agreements may be documented by notes in patients' charts, supported by intake procedures that teach patients about defining responsibility, and questionnaires that elicit values, needs, and preferences. The literature on the evolution of contract principles in health care is reviewed, with informed consent viewed as a judicial stepping stone from tort to contract. A framework for defining mutual expectations is presented. Physicians' patterns of allocating responsibility by express and implied agreements should be evaluated and changes made where needed.

  1. Nuclear liability act and nuclear insurance

    International Nuclear Information System (INIS)

    Clarke, Roy G.; Goyette, R.; Mathers, C.W.; Germani, T.R.

    1976-01-01

    The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

  2. 77 FR 74121 - Limited Liability Partnerships (LLPs)

    Science.gov (United States)

    2012-12-13

    ... protected against personal liability for corporate obligations. Both forms of business entity may opt for treatment as an association, and consequently for corporate tax treatment, without regard to State law...''). LLPs are created under State law and share certain characteristics with both partnerships and...

  3. Liability and damages in Japanese nuclear law

    International Nuclear Information System (INIS)

    Hoshino, E.

    1981-01-01

    The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

  4. 12 CFR 229.38 - Liability.

    Science.gov (United States)

    2010-01-01

    ... affect a paying bank's liability to its customer under the U.C.C. or other law. (b) Paying bank's failure... provision, but not both. (c) Comparative negligence. If a person, including a bank, fails to exercise... person under § 229.38(a) shall be diminished in proportion to the amount of negligence or bad faith...

  5. Nuclear liabilities - nuclear insurance. Pt. 1

    International Nuclear Information System (INIS)

    Roesch, H.

    1981-01-01

    Too much emotion is involved in the topic of nuclear energy. This is often due to the fact that the persons involved lack of essential basic knowledge. This article and the following ones represent an attempt to offer a technically oriented introduction into the physical preconditions of the problems and the questions concerning matters of liability and insurance. (orig.) [de

  6. 7 CFR 1209.74 - Personal liability.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Personal liability. 1209.74 Section 1209.74 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING..., AND CONSUMER INFORMATION ORDER Mushroom Promotion, Research, and Consumer Information Order...

  7. Directors’ and Officers’ Liability: Economic Analysis

    NARCIS (Netherlands)

    P. C. Leyens (Patrick); M.G. Faure (Michael)

    2017-01-01

    markdownabstractThis paper will be published as a chapter of the forthcoming volume ‘Directors & Officers Liability’ edited by Simon F. Deakin, Helmut Koziol, and Olaf Riss. It explores D&O liability from a law and economics perspective with a view to identify trade-offs of different legal settings.

  8. 42 CFR 424.555 - Payment liability.

    Science.gov (United States)

    2010-10-01

    ... covered items or services furnished to a Medicare beneficiary by a provider or supplier if the billing... Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED... Billing Privileges § 424.555 Payment liability. (a) No payment may be made for otherwise Medicare covered...

  9. Market-Consistent Valuation of Pension Liabilities

    NARCIS (Netherlands)

    Pelsser, Antoon; Salahnejhad, Ahmad; van den Akker, Ramon

    2016-01-01

    Pension funds and life insurance companies have liabilities on their books with extremely long-dated maturities that are exposed to non-hedgeable actuarial risks and also to market risks. In this paper, we show that it is computationally feasible to price pensions contracts in an incomplete market

  10. Sexual Harassment at Camp: Reducing Liability.

    Science.gov (United States)

    Oakleaf, Linda; Grube, Angela Johnson

    2003-01-01

    Employers are responsible for sexual harassment perpetrated by a supervisor. Camps may be responsible for sexual harassment between campers. Steps to reduce liability include providing multiple channels for reporting sexual harassment; having written policies prohibiting sexual harassment and procedures for reporting it; posting these policies and…

  11. Trends in nuclear third party liability law

    International Nuclear Information System (INIS)

    Avossa, G.

    1992-01-01

    For some ten years now, nuclear third-party liability has been changing at an ever-faster pace, further accelerated by the Chernobyl catastrophe. Some of these changes are discussed in this article. A joint protocol drawn up by the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) mutually extends the benefit of the special third-party liability system regarding nuclear damage instituted by virtue of previous Conventions and settles the conflicts of law likely to result from the simultaneous application of the two international instruments. Within the framework of the IAEA, a review procedure of the Convention of Vienna has been underway since 1989, in which the NEA has taken an integral part. At the outcome of the process underway, not only will the Convention of Vienna be revised, but so, indirectly but very rapidly, will the Conventions of Paris and Brussels. Ultimately, the entire field of nuclear third-party liability will be recast for decades to come. The texts under discussion are as yet nowhere near their final stage but two areas of consideration have already emerged, which will be discussed. Substantial modifications are made in nuclear third-party liability law. Secondly, the indemnification process for nuclear damage will be vastly modified, due to the subsidiary nature of government intervention and new obligations on operators to become members of a Nuclear Operator Pool. (author)

  12. 40 CFR 267.147 - Liability requirements.

    Science.gov (United States)

    2010-07-01

    ... consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the... PERMIT Financial Requirements § 267.147 Liability requirements. (a) Coverage for sudden accidental... facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties...

  13. 31 CFR 210.10 - RDFI liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false RDFI liability. 210.10 Section 210.10 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  14. 31 CFR 210.11 - Limited liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Limited liability. 210.11 Section 210.11 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  15. [The "specific" liability regime for blood products].

    Science.gov (United States)

    Byk, Christian

    2017-10-13

    Based on the system of liability for defective products as organized by the European Directive of 25 July 1985, responsibility for blood products does not therefore constitute a genuine specific regime. However, European law leaves States a margin of discretion in the implementation of the Directive with regard to health products. This is the case in particular with the exemption for development risk.

  16. A CONCEPTUAL PERSPECTIVE REGARDING PRODUCT LIABILITY

    Directory of Open Access Journals (Sweden)

    Daniela POPESCU

    2010-01-01

    Full Text Available This study analyses a current and highly important problem because we are in front of an unrecorded growth of the production volume in parallel with its diversification. Due to the fact that the introduction in production of the new products is preceded by the subsequent execution of some manually manufactured prototypes, the products are manufactured afterwards on an industrial scale. Under these circumstances there is the possibility of small errors which affect the consumer’s behaviour towards the new products. That is why, in auditing the focus is on the careful supervision of the opinions of the consumers and especially of the shortcomings of some products indicated by consumers in order to remove these from the manufacturing line. Under these circumstances, a very tight connection is required between the producers and the consumers, and a special liability of the producers towards those products. At the same time this is also a worldwide concern for the regulation of the products responsibility which has already been adopted by some large manufacturing countries. The recent example of USA was followed by the European legislation. That is why American organisations which export to Europe have to be warned because the law of product liability has been adopted in many European countries. The insurance companies are usually paying the initial losses for the cases of product liability. The manufacturer of a product has to protect itself from the risk of being brought to trial or at least to reduce the risk to a level where he could afford a reasonable profit or a continuous growth. In order to meet this objective, we need a product liability prevention program. This study analyses the product liability prevention program and presents some of the essential common elements for such a program. Therefore, one can argue that in order to have an effective product liability prevention program, some operations are required as for example

  17. Third Party Liability governing Dangerous and Nuclear Activities

    International Nuclear Information System (INIS)

    Di Martino, Vittorio.

    1979-01-01

    The introductory chapters of this book analyse the concept of fault as a basis for third party liability and the evolution of jurisprudence and doctrine towards the concept of absolute liability. The following part covers the Italian system of liability for hazardous activities. The nuclear third party liability system is then analysed according to existing international conventions and nuclear legislation in several countries. The Appendix contains various legislative and regulatory texts on nuclear third party liability in Italy and in other countries which provide for special legislation in this field. (NEA) [fr

  18. TORT-TD/ATTICA3D: a coupled neutron transport and thermal hydraulics code system for 3-D transient analysis of gas cooled high temperature reactors

    International Nuclear Information System (INIS)

    Lapins, J.; Seubert, A.; Buck, M.; Bader, J.; Laurien, E.

    2011-01-01

    Comprehensive safety studies of high temperature gas cooled reactors (HTR) require full three dimensional coupled treatments of both neutron kinetics and thermal-hydraulics. In a common effort, GRS and IKE developed the coupled code system TORT-TD/ATTICA3D for pebble bed type HTR that connects the 3-D transient discrete-ordinates transport code TORT-TD with the 3-D porous medium thermal-hydraulics code ATTICA3D. In this paper, the physical models and calculation capabilities of TORT-TD and ATTICA3D are presented, focusing on model improvements in ATTICA3D and extensions made in TORT-TD related to HTR application. For first applications, the OECD/NEA/NSC PBMR-400 benchmark has been chosen. Results obtained with TORT-TD/ATTICA3D will be shown for transient exercises, e.g. control rod withdrawal and a control rod ejection. Results are compared to other benchmark participants' solutions with special focus on fuel temperature modelling features of ATTICA3D. The provided “grey-curtain” nuclear cross section libraries have been used. First results on 3-D effects during a control rod withdrawal transient will be presented. (author)

  19. Financing long term liabilities (Germany)

    International Nuclear Information System (INIS)

    2003-01-01

    implementation of the measures will cover a period of 15 to 20 years depending on the site. The necessary expenses are carried by the Federal Government and estimated to amount to about EUR 6.5 billion. In addition the Federal Republic of Germany inherited 6 operating NPPs of soviet design from the former GDR. Comprehensive safety analyses after the German reunification arrived at the conclusion that they did not correspond to Western German safety standards. They had to be shut down in 1990. As the power industry was not prepared to carry the financial risks of backfitting and re-licensing the reactors, the Federal Republic of Germany took over the liabilities. The aim is to finish the decommissioning activities around the year 2012. The total costs for dismantling the plants and storing the resulting waste are estimated to amount to about EUR 3.1 billion

  20. Introduction of unlimited liability into the atomic law with special regard to the international nuclear liability conventions

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1984-01-01

    The paper was read at the international symposium on nuclear liability held in Munich in September 1984 by OECD/NEA and IAEA. It outlines the basic principles of the Paris liability convention and the international development. The author pleads in favour of unlimited liability for hazards on grounds of history, legal policy, legal dogmatics and practice. Moreover he thinks it useful and appropriate because it also improves the protection of the citizens. The same as the federal government the author holds that unlimited liability for hazards is compatible with the maximum damages and the congruity regulations of the Paris and Brussels liability convention. An amendment to the liability convention, though not necessary, would be desirable to make clear that both options - limited and unlimited liability - are open. (HSCH) [de

  1. Should nuclear liability limits be removed. No

    International Nuclear Information System (INIS)

    Pape, E.C.

    1985-01-01

    The opposing view to the proposition that limits on nuclear liability under the Price-Anderson Act should be removed cites the historical recognition of the need to protect the public as it was defined in 1957. The limit on liability today is $630 million per nuclear incident, with total protection continuing to increase as new plants come on line and additional purchased insurance becomes available. The limit gives the industry an incentive to commit capital and technical resources to develop new technology. Removing the limit would increase costs, but not benefits, for electric consumers, and would require a new way to protect the public other than through purchased insurance or the utility's resources. The industry will support raising the limit, however

  2. Finance, providers issue brief: insurer liability.

    Science.gov (United States)

    Rothouse, M; Stauffer, M

    2000-05-24

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  3. Review of the nuclear liability act

    International Nuclear Information System (INIS)

    1990-01-01

    There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

  4. Liability concerns in contraceptive research and development.

    Science.gov (United States)

    Segal, S J

    1999-12-01

    The history of liability claims in the US against contraceptive products is among the issues that discourage manufacturers from investing in discovery and development in this field. Other factors are the high cost of new drug development, elevated insurance rates for contraceptives, and the desire to avoid controversy that can disturb corporate tranquility. General features of the American legal system influence the large number and cost of product liability claims in the US compared to Europe. These differences pertain to issues such as the role of judges, how lawyers receive their compensation, and the use of expert scientific testimony. The history of litigation in the US against pharmaceutical products and devices pertaining to women's health suggests that interventions that involve the reproductive system are held to different standards or elicit different emotional responses than other pharmaceutical products or devices.

  5. Professional liability of the radon technologist

    International Nuclear Information System (INIS)

    Kornreich, M.R.

    1987-01-01

    The radon technologist will want to protect himself from lawsuits by plaintiffs who believe they have suffered consequences of a false measurement or erroneous recommendation. The author may be sued for negligence or on the contract. A plaintiff is more likely to be successful in a suit for monetary losses associated with real estate transactions or remediation than in a suit for personal injury. To avoid liability, the radon technologist will want to keep aware of the state of the art; use standard protocols; carefully supervise employees; take all technical precaution; and get legal advice in contracting. The author should also adhere to applicable federal, state, or local regulations. Disclosing the limits of measurement procedures and emphasizing the importance of maintaining standardized environmental conditions in the building are important. Since it is extremely difficult for an individual to get adequate professional liability insurance at a reasonable price, radon technologists should cooperate, perhaps through their professional societies, to negotiate the best possible insurance policies

  6. Ordinance on nuclear third party liability (ORCN)

    International Nuclear Information System (INIS)

    1983-12-01

    The Ordinance exempts from the application of the 1983 Act on Nuclear Third Party Liability some substances with low radiation effects. It determines the amount of private insurance cover and defines the risks that insurers may exclude from cover. It establishes a special fund for nuclear damage made up of contributions from the nuclear operators. Specifications are given on the amount of the contributions and their conditions, as well as on administration of the fund. The Ordinance repeals the Ordinance of 13 June 1960 on funds for delayed atomic damage, the Order of 19 December 1960 on contributions to the fund for delayed atomic damage and the Ordinance of 30 November 1981 on cover for third party liability resulting from nuclear power plant operation [fr

  7. Resolving Malpractice Claims after Tort Reform: Experience in a Self-Insured Texas Public Academic Health System.

    Science.gov (United States)

    Sage, William M; Harding, Molly Colvard; Thomas, Eric J

    2016-12-01

    To describe the litigation experience in a state with strict tort reform of a large public university health system that has committed to transparency with patients and families in resolving medical errors. Secondary data collected from The University of Texas System, which self-insures approximately 6,000 physicians at six health campuses across the state. We obtained internal case management data for all medical malpractice claims closed during 1 year before and 6 recent years following the enactment of state tort reform legislation. We retrospectively reviewed information about malpractice claimants, malpractice claims, and the process and outcome of dispute resolution. We accessed an internal case management database, supplemented by both electronic and paper records compiled by the university's Office of General Counsel. Closed claims dropped from 244 in 2001-2002 to an annual mean of 96 in 2009-2015, closures following lawsuits from 136 in 2001-2002 to an annual mean of 28 in 2009-2015, and paid claims from 60 in 2001 to an annual mean of 20 in 2009-2015. Patterns of resolution suggest efforts by the university to provide some compensation to injured patients in cases that were no longer economically viable for plaintiffs' lawyers to litigate. The percentage of payments relating to cases in which lawsuits had been filed decreased from 82 percent in 2001-2002 to 47 percent in 2009-2012 and again to 29 percent in 2012-2015, although most paid claimants were represented by attorneys. Unrepresented patients received payment in 13 cases closed in 2009-2012 (22 percent of payments; mean amount $60,566) and in 24 cases closed in 2012-2015 (41 percent of payments; mean amount $109,410). Even after tort reform, however, claims that resulted in payment remained slow to resolve, which was worsened for claimants subject to Medicare secondary payer rules. Strict confidentiality became a more common condition of settlement, although restrictions were subsequently relaxed

  8. Risiko Likuiditas Bank dan Asset Liabilities Management

    OpenAIRE

    Lesmana, Iwan

    2007-01-01

    Uquidity is of critical importance to companies in the banking services sector. Most failures of financialintermediaries have occured in large part due to insufficient liquidity resulting from adverse circumstances.Goldman Sachs has in piace a comprehensive set of liquidity and funding policies that are intended tomaintain significant flexibility to address specific and broader industry or market liquidity events.In asset liabilities mal1agement or liquidity management, liquidity risk is mana...

  9. Office gossip: a surprising source of liability.

    Science.gov (United States)

    Gregg, Robert E

    2003-01-01

    Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.

  10. Liability for international nuclear transport: an overview

    International Nuclear Information System (INIS)

    Brown, O.F.; Horbach, N.

    2000-01-01

    Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

  11. Contractual medical liability in Portugal and Macao

    Directory of Open Access Journals (Sweden)

    Rui Miguel Prista Patrício Cascão

    2016-09-01

    Full Text Available Liability of healthcare providers can be framed under the theory of contract in the law of Portugal and Macao, to obtain compensation for injury suffered by aggrieved patients, as a result of medical adverse events. However, shortcomings in the law, court practice and literature lead to some uncertainty in adjudication. This article aims at reducing said uncertainty, setting forward a clear-cut adjudication paradigm, while recommending legal reform.

  12. Development of international law concerning nuclear liability

    International Nuclear Information System (INIS)

    Ifflaender, G.; Kantner, G.

    1979-01-01

    A short overview is given of the most important international conventions relating to civil liability for damage to, or loss of, life of persons or property, caused by nuclear incidents during the operation of stationary and non-stationary nuclear installations or transport of nuclear material. In accord with the international provisions, in the German Democratic Republic too, nuclear operators are exclusively liable for such damage unless it has been caused intentionally by the injury party. (author)

  13. Nuclear Reactors and Their Legal Liability Insurance

    International Nuclear Information System (INIS)

    Ekener, H.

    1999-09-01

    This paper examines Regulatory Regime in Turkey has no general Nuclear Energy Act and apart from legislation to the Turkish Atomic Energy Authority, the applicable law mainly covers protection and the licensing against of nuclear installation. In Addition this paper also contains briefly the major points which have to be taken into consideration and advance in the legal liability insurance of the nuclear power plants

  14. Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

    International Nuclear Information System (INIS)

    Hoche, A.

    1988-01-01

    In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

  15. Minimizing generator liability while disposing hazardous waste

    International Nuclear Information System (INIS)

    Canter, L.W.; Lahlou, M.; Pendurthi, R.P.

    1991-01-01

    Potential liabilities associated with hazardous waste disposal are related to waste properties, disposal practices and the potential threat to people and the environment in case of a pollutant release. Based on various regulations, these liabilities are enforceable and longstanding. A methodology which can help hazardous waste generators select a commercial disposal facility with a relatively low risk of potential liability is described in this paper. The methodology has two parts. The first part has 8 categories encompassing 30 factors common to all facilities, and the second part includes one category dealing with 5 factors on specific wastes and treatment/disposal technologies. This two-part evaluation feature enables the user to adapt the methodology to any type of waste disposal. In determining the scores for the factors used in the evaluation. an unranked paired comparison technique with slight modifications was used to weight the relative importance of the individual factors. In the methodology it is possible for the user to redefine the factors and change the scoring system. To make the methodology more efficient, a user-friendly computer program has been developed; the computer program is written so that desired changes in the methodology can be readily implemented

  16. Nuclear Liability, State of the Art

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2010-01-01

    Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

  17. Environmental liability and the independent contractor

    International Nuclear Information System (INIS)

    Gilmour, B.S.

    1999-01-01

    The provisions of the Environmental Protection and Enhancement Act (EPEA) regarding the relationship between a company and an independent contractor were reviewed. The EPEA was introduced in September 1993 and significantly altered the environmental laws in the province of Alberta. The provisions of the EPEA that apply to the petroleum industry are conservation and reclamation as well as provisions concerning release of substances, contaminated sites and penalties. Companies that pollute may be held liable for reclamation, even if the work was carried out by an independent contractor and despite the fact that the independent contractor is not an employee of the company. Under the current EPEA laws, companies may not be able to effectively shift responsibility for environmental liabilities to independent contractors even where the contractor was negligent. This paper presented suggestions regarding contractor agreements and due diligence to help minimize the risk of liability to companies. The paper also discussed the following two types of liabilities under the EPEA's harmful substances section: (1) the obligation to clean up an affected area, and (2) fines and penalties that may be imposed when an offence is committed

  18. THE UNPREDICTABILITY THEORY AND THE CONTRACTUAL LIABILITY

    Directory of Open Access Journals (Sweden)

    CRISTINA ZAMSA

    2011-04-01

    Full Text Available The purpose of the present study is to establish a relationship between the unpredictability theory and the contractual liability, from both theoretical and practical point of view. Usually, the unpredictability is invoked by way of defense by the debtor, refusing to perform the excessively onerous obligation. However the unpredictability theory shall apply also to the hypothesis of a performed obligation, by way of main action, depending on more factors: the nature of the agreement, investigating the attitude of the party affected by the unpredictability. Observing the conditions and the effects of these two ways of invoking the unpredictability will form the objectives of the present study.The debtor of the excessively onerous, in order to avoid the contractual liability, shall nevertheless perform such obligation, by carrying along some additional costs. If subsequently, the creditor shall refuse to revise the agreement and implicitly, to reimburse the exorbitant costs, the debtor will have to raise the unpredictability by way of action, in order to recover the exorbitant costs in performing the obligation. In such case, the unpredictability is accompanied by another legal issue: the contractual liability of the co-contractor of the party affected by unpredictability.

  19. 用戶著作權侵權之網路服務業者責任 Internet Service Provider Liability for Subscriber Copyright Infrigement

    Directory of Open Access Journals (Sweden)

    蔡蕙芳 Hui-Fang Tsai

    2004-12-01

    Full Text Available 網路服務業者的責任可說是網路上最具爭議的問題。本文的目的在於從一般性原則上討論用戶涉及著作權侵權時,網路服務業者是否可能成立民事侵權與刑事犯罪責任。個案的深入討論並不在本文範圍內。本文首先介紹美國侵權法上網路服務業者責任,內容包括法院判決、學說見解與國會立法。其次,本文將從刑法理論來分析用戶成立直接正犯之同時,網路服務業者可能構成共同正犯、正犯後正犯或共犯。此外,也將分別檢討正犯與共犯之成立要件。最後,本文將檢討我國法上相關法律如何適用以解決網路服務 業者責任,並提出增訂網路服務業者責任規定之建議。 The liability of internet service provider (ISP is perhaps the most controversial legal issue to emerge from cyberspace. The purpose of this paper is to explore the general principles as to whether there should be civil and criminal liability for ISP concerning subscriber copyright infringement. An in-depth treatment of case study is beyond the scope of this paper. The first section provides an overview of the doctrine of ISP copyright infringement liability in America, followed by the introduction of judicial decisions, opinions of scholars and new legislation. Focusing on criminal liability that could be imposed upon ISP for copyright infringement initiated by subscribers, the second section seeks to illustrate the observation that the individuals who post copyright infringement materials act as principals in the first degree, and ISP would qualify as an accomplice, principal in the second degree, or accessory to the crimes. Furthermore, this section discusses in turn the qualifications for the perpetrators and accomplices. Finally, the third section reviews the current Taiwan tort and criminal law and its application to ISP and concludes that the Taiwan copyright law should make specific provision for

  20. Liability for the Payment of Public School Fees

    Directory of Open Access Journals (Sweden)

    M Carnelley

    2011-10-01

    Full Text Available The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA. The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

  1. Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Bittar, C A

    1983-12-31

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

  2. Liability for on-site nuclear property damage

    International Nuclear Information System (INIS)

    Neems, H.J.

    2000-01-01

    Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

  3. Valuation of Non-Life Liabilities from Claims Triangles

    Directory of Open Access Journals (Sweden)

    Mathias Lindholm

    2017-07-01

    Full Text Available This paper provides a complete program for the valuation of aggregate non-life insurance liability cash flows based on claims triangle data. The valuation is fully consistent with the principle of valuation by considering the costs associated with a transfer of the liability to a so-called reference undertaking subject to capital requirements throughout the runoff of the liability cash flow. The valuation program includes complete details on parameter estimation, bias correction and conservative estimation of the value of the liability under partial information. The latter is based on a new approach to the estimation of mean squared error of claims reserve prediction.

  4. Vicarious liability and criminal prosecutions for regulatory offences.

    Science.gov (United States)

    Freckelton, Ian

    2006-08-01

    The parameters of vicarious liability of corporations for the conduct of their employees, especially in the context of provisions that criminalise breaches of regulatory provisions, are complex. The decision of Bell J in ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171 raises starkly the potential unfairness of an approach which converts criminal liability of corporations too readily into absolute liability, irrespective of the absence of any form of proven culpability. The author queries whether fault should not be brought back in some form to constitute a determinant of criminal liability for corporations.

  5. Unlimited - nuclear liabilities in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Arendt, W.

    1986-01-01

    Unlimited nuclear liabilities as in force in the Federal Republic of Germany go beyond the international rules of the Paris liability agreement. The unlimited liability mainly roots in the positive operational experiences and safety balance of the 20 nuclear power plants which meanwhile are in operation in the Federal Republic of Germany. Nuclear liabilities must not be confounded with scepticism as to the utilization of nuclear power. Extraordinary requirements of that kind should rather be reflecting responsibility and clear ideas and notions of the advantages and risks of nuclear energy. (HSCH) [de

  6. Legal liabilities in continuing education: protecting your institution and yourself.

    Science.gov (United States)

    Allington, G H; Cava, A

    1988-01-01

    Continuing medical education (CME) activities conducted by medical schools, institutions, or organizations contain inherent liability potentials that should be recognized. Three major areas for potential liability should be carefully regarded by individuals who supervise, organize, or plan educational programs. These are: 1) contract liability--specifically in contracts with hotels, i.e., cancellation clauses, warranties, and indemnifications; 2) liability for ensuring the health and safety of individuals, i.e., fire, security, hazards, emergency procedures, and alcohol at functions; and 3) appropriate and adequate insurance coverage.

  7. FEATURES OF PROFESSIONAL LIABILITY INSURANCE REALIZATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    О. Lobova

    2015-04-01

    Full Text Available The signs of professional liability insurance are generalized in the article. It is the presence of losses, additional costs that require mechanisms and sources of compensation. The essence of the professional responsibility concept is determined and it is characterized like specialists material liability of different professions, lack of qualifications, errors and omissions are due to carelessness or negligence may cause harm to the client The main elements of the professional liability insurance contract, such as insurance objects, insurance compensation, insurance risks are described. The types of professional liability insurance are characterized. There are such types of the professional liability insurance: professional liability insurance of architect, lawyer, auditor (accountant, appraiser, notary, customs broker and doctor. It is determined, that the most widespread in Ukraine is the professional liability insurance of lawyer and customs broker because the policy is purchased for the sole purpose to obtain a license. The size of insurance rates in the provision of professional liability insurance in different insurance companies of Ukraine are analyzed. It is established that insurance rate depends on the type of professional activity, scope of service, qualifications and the other factors. The development impulse can only provide judicial and legal definition of professions wide list that are subject under mandatory professional liability insurance.

  8. Introduction to the Tort of Negligence as It Pertains to the Medical Office. Medical Law and Economics, Lesson Plan No. 3.

    Science.gov (United States)

    Young, Joan

    Designed as part of a 40-hour course in medical law and economics, this lesson plan was developed to enable students to: (1) define and give examples of the tort of negligence in the medical profession; (2) distinguish between and give examples of personal and professional negligence; (3) be able to identify, for a given situation, the three major…

  9. Medical liability and health care reform.

    Science.gov (United States)

    Nelson, Leonard J; Morrisey, Michael A; Becker, David J

    2011-01-01

    We examine the impact of the Affordable Care Act (ACA) on medical liability and the controversy over whether federal medical reform including a damages cap could make a useful contribution to health care reform. By providing guaranteed access to health care insurance at community rates, the ACA could reduce the problem of under-compensation resulting from damages caps. However, it may also exacerbate the problem of under-claiming in the malpractice system, thereby reducing incentives to invest in loss prevention activities. Shifting losses from liability insurers to health insurers could further undermine the already weak deterrent effect of the medical liability system. Republicans in Congress and physician groups both pushed for the adoption of a federal damages cap as part of health care reform. Physician support for damages caps could be explained by concerns about the insurance cycle and the consequent instability of the market. Our own study presented here suggests that there is greater insurance market stability in states with caps on non-economic damages. Republicans in Congress argued that the enactment of damages caps would reduce aggregate health care costs. The Congressional Budget Office included savings from reduced health care utilization in its estimates of cost savings that would result from the enactment of a federal damages cap. But notwithstanding recent opinions offered by the CBO, it is not clear that caps will significantly reduce health care costs or that any savings will be passed on to consumers. The ACA included funding for state level demonstration projects for promising reforms such as offer and disclosure and health courts, but at this time the benefits of these reforms are also uncertain. There is a need for further studies on these issues.

  10. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA

    2013-06-01

    Full Text Available The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  11. Negligent Liability Issues Involving Colleges and Students: Does an Ethic of Caring Heighten Institutional Liability?

    Science.gov (United States)

    Beckham, Joseph; Pearson, Douglas

    This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses the question of how and to what extent institutions of higher learning could be held liable for negligence involving students. The paper is, mainly, a review of recent case law related to the liability of…

  12. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    OpenAIRE

    Silvia Cristea; Nicoleta Cristina Ifrim

    2013-01-01

    The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  13. [Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].

    Science.gov (United States)

    Schneider, H

    2018-05-16

    In all phases, patients are entitled to receive medical treatment according to medical specialist standards. This does not mean that patients necessarily have to be treated by a medical specialist. Operations performed by "beginners", e. g. assistant physicians, are permitted. However, there are increased liability risks, both for the specialist and the assistant physician. Furthermore, there are risks of criminal responsibility for causing bodily harm by negligence or negligent manslaughter. This article portrays the requirements of civil liability and criminal responsibility concerning beginners' operations on the basis of cases and judgments of the Federal Court and the Higher Regional Courts in Germany. Additionally, the reception of the jurisprudence by the relevant legal literature will be discussed. Jurisprudence and legal literature categorize breaches of duty of care. Assistant physicians can be subject to contributory negligence liabilities, while specialists can bear liabilities for negligent selection, organization or supervision. Responsible specialist and assistant physicians can protect themselves (and the patient) and avoid legal risks by only performing operations adequate to their educational level or by delegating operations to beginners and ensuring intervention by a specialist by supervision of the operation which is suitable to the assistant physician's level of education.

  14. Asset Liability Management in Insurance Company

    OpenAIRE

    Giandomenico, Rossano

    2006-01-01

    The model, by using the option theory, determines the fair value of the insurance life policies with different time of maturity and shows that the effective liabilities duration of an Insurance Company exposed to the default risk is different from the duration of a default free zero coupon bond with the same time of maturity. Furthermore, it shows that the value of equity can be immunized in a dynamic way with respect to the movement of the spot rate by selling and purchasing the default fre...

  15. Harmonisation of Nuclear Liability Regimes in Europe

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    After we have learned about the current discussions concerning the Paris Convention revision exercise and the open matters relating to the liability limits and insurance for nuclear damages, prescription period, definition of nuclear damage etc. and different approaches in some PCC in adopting their legislation as well as about the adoption of the Protocol to Amend the Vienna Convention and Convention on Supplementary Compensation for Nuclear Damage, within the Vienna Convention countries, during the obtained Session 9 of this Conference we will focus our attention on the matters which has been discovered from the moment when the reports has been written till the date of this Conference

  16. Management of nuclear liabilities in Germany

    International Nuclear Information System (INIS)

    Roser, T.

    1995-01-01

    The management of nuclear liabilities in the Federal Republic of Germany is explored in this article. The intermediate storage and final disposal of spent fuels from the country's twenty nuclear power stations is discussed. Flexible solutions to the changing problems of nuclear fuel cycle economics are needed. Financing the back end of the nuclear power station lifetimes is currently underfunded. Monies should be accumulated during the plant's active life. The political, technical, legal and economic aspects of the nuclear industry must also be included. (UK)

  17. Scientific evidence and the toxic tort. A socio-legal study of the issues, expert evidence and judgement in Reay and Hope v. British Nuclear Fuels plc

    International Nuclear Information System (INIS)

    Harrison, R.J.

    1999-01-01

    Providing a socio-legal analysis of the issues, expert evidence and judgment in Reay and Hope v BNFL plc., the thesis offers an insight into the complexity of the toxic tort. Starting with an overview of the history of Sellafield, the thesis reflects on the scientific and epidemiological concerns surrounding the link between childhood cancer and nuclear installations. Drawing on scientific knowledge and epistemological considerations, the thesis moves on to the difficulties of verifying causation in science and the problems of establishing causation in law. Outlining the role of the expert witness and scientific expert evidence, the thesis proceeds with a case analysis, before broaching the thorny issue of judicial decision making and in particular, the difference between the 'discovery' and 'justification' process. Moving on to the Judgment in Reay and Hope, attention is given to the potential application of probability theory to the judicial decision making process. Lasting just short of one hundred days and including the testimony of numerous scientific experts, Reay and Hope marked new ground in a number of ways; it was the first personal injury claim to test the concept of genetic damage from radiation; the only time that a Queen's Bench Division Judge had been allocated a full-time judicial assistant, and one of the first trials to endorse a satellite video link for examination of international expert witnesses. As far as judicial management is concerned, the case was a forerunner in having Counsels' Opening Statements in writing in advance of the trial, as well as having written daily submissions of key issues from plaintiffs and defendants upon conclusion of oral evidence. The circumstances that led to the trial relate to events in excess of thirty to forty years ago when the fathers of Dorothy Reay and Vivien Hope were employed by the Defendants and their predecessors (the United Kingdom Atomic Energy Authority) as fitters for the Sellafield Plant

  18. Scientific evidence and the toxic tort. A socio-legal study of the issues, expert evidence and judgement in Reay and Hope v. British Nuclear Fuels plc

    Energy Technology Data Exchange (ETDEWEB)

    Harrison, R.J

    1999-07-01

    Providing a socio-legal analysis of the issues, expert evidence and judgment in Reay and Hope v BNFL plc., the thesis offers an insight into the complexity of the toxic tort. Starting with an overview of the history of Sellafield, the thesis reflects on the scientific and epidemiological concerns surrounding the link between childhood cancer and nuclear installations. Drawing on scientific knowledge and epistemological considerations, the thesis moves on to the difficulties of verifying causation in science and the problems of establishing causation in law. Outlining the role of the expert witness and scientific expert evidence, the thesis proceeds with a case analysis, before broaching the thorny issue of judicial decision making and in particular, the difference between the 'discovery' and 'justification' process. Moving on to the Judgment in Reay and Hope, attention is given to the potential application of probability theory to the judicial decision making process. Lasting just short of one hundred days and including the testimony of numerous scientific experts, Reay and Hope marked new ground in a number of ways; it was the first personal injury claim to test the concept of genetic damage from radiation; the only time that a Queen's Bench Division Judge had been allocated a full-time judicial assistant, and one of the first trials to endorse a satellite video link for examination of international expert witnesses. As far as judicial management is concerned, the case was a forerunner in having Counsels' Opening Statements in writing in advance of the trial, as well as having written daily submissions of key issues from plaintiffs and defendants upon conclusion of oral evidence. The circumstances that led to the trial relate to events in excess of thirty to forty years ago when the fathers of Dorothy Reay and Vivien Hope were employed by the Defendants and their predecessors (the United Kingdom Atomic Energy Authority) as fitters for

  19. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Science.gov (United States)

    2010-04-02

    ... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

  20. Safer construction and maintenance practices to minimize potential liability by counties from accidents.

    Science.gov (United States)

    1979-09-01

    Tort claims resulting from alleged highway defects have introduced : an additional element in the planning, design, construction, and maintenance : of highways. A survey of county governments in Iowa was undertaken : in order to quantify the magnitud...

  1. Managing environmental liabilities at manufactured gas sites

    International Nuclear Information System (INIS)

    Koch, G.S.; Ammann, P.R.; Kolbe, A.L.

    1994-01-01

    Many gas and electric utilities have inherited environmental liabilities from some of the more than 1,500 former manufactured gas plants (MGPs) which supplied a major source of energy in the US from the early 1800s to the mid 1900s. Common materials found at these sites include coal and oil tars, tar/water emulsions, sludges, spent oxides (including cyanide compounds), lampblack, ash, and clinker. There are several issues related to the cleanup of these former MGP sites that benefit from strategic management. First, utilities faced with near-term decisions can carefully analyze and document the value and impact of alternative strategies under various uncontrollable ''future states of the world'', expanding the analysis to review the more global, long-term impacts of near-term decisions, while at the same time creating the necessary documentation in case prudence becomes an issue in the future. Second, throughout the site assessment and remedial process, utilities can employ decision analytic tools to map out possible remediation, cost recovery, and litigation strategies as well as their potential costs, thus providing early information to focus management attention and expenditures on areas with the highest benefit. Third, in many states, utilities are and will be involved in rate hearings concerning the recovery of environmental costs, requiring attention to questions concerning who should pay--the ratepayer or the shareholder. This paper describes analytical tools and economic arguments that have been sued by several utilities to address management of these environmental liabilities

  2. 7 CFR 1767.19 - Liabilities and other credits.

    Science.gov (United States)

    2010-01-01

    ... this section shall be used by all RUS borrowers. Liabilities and Other Credits Margins and Equities... Income Taxes—Other Liabilities and Other Credits Margins and Equities 200Memberships A. This account... conformance with the bylaws of the cooperative. 219Other Margins and Equities A. This account shall include...

  3. 33 CFR 153.405 - Liability to the pollution fund.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

  4. Liability for Unknown Risks: A Law and Economics Perspective

    NARCIS (Netherlands)

    M.G. Faure (Michael); L.T. Visscher (Louis); F. Weber (Franziska)

    2017-01-01

    textabstractIn the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the

  5. 17 CFR 256.242 - Miscellaneous current and accrued liabilities.

    Science.gov (United States)

    2010-04-01

    ... COMMISSION (CONTINUED) UNIFORM SYSTEM OF ACCOUNTS FOR MUTUAL SERVICE COMPANIES AND SUBSIDIARY SERVICE COMPANIES, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 7. Current and Accrued Liabilities § 256.242... as to show the nature of each liability included herein. 8. deferred credits ...

  6. Optimal Joint Liability Lending and with Costly Peer Monitoring

    NARCIS (Netherlands)

    Carli, Francesco; Uras, R.B.

    2014-01-01

    This paper characterizes an optimal group loan contract with costly peer monitoring. Using a fairly standard moral hazard framework, we show that the optimal group lending contract could exhibit a joint-liability scheme. However, optimality of joint-liability requires the involvement of a group

  7. 29 CFR 4043.32 - Transfer of benefit liabilities.

    Science.gov (United States)

    2010-07-01

    ... the value of the assets being transferred— (i) Equals the present value of the accrued benefits... actuarial assumptions used in determining the value of benefit liabilities (and, if appropriate, the value... 29 Labor 9 2010-07-01 2010-07-01 false Transfer of benefit liabilities. 4043.32 Section 4043.32...

  8. 27 CFR 479.31 - Liability for tax.

    Science.gov (United States)

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Liability for tax. 479.31... OTHER FIREARMS Special (Occupational) Taxes § 479.31 Liability for tax. (a) General. Every person who... United States shall pay a special (occupational) tax at a rate specified by § 479.32. The tax shall be...

  9. 75 FR 1735 - Section 3504 Agent Employment Tax Liability

    Science.gov (United States)

    2010-01-13

    ... Section 3504 Agent Employment Tax Liability AGENCY: Internal Revenue Service (IRS), Treasury. ACTION... employment tax liability of agents authorized by the Secretary under section 3504 of the Internal Revenue Code (Code) to perform acts required of employers with respect to taxes under the Federal Unemployment...

  10. 7 CFR 760.113 - Refunds; joint and several liability.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Refunds; joint and several liability. 760.113 Section... Agricultural Disaster Assistance Programs § 760.113 Refunds; joint and several liability. (a) In the event that... provided that interest will in all cases run from the date of the original disbursement. (b) All persons...

  11. Product Liability: A Neo-Austrian Based Perspective

    NARCIS (Netherlands)

    Folmer, H.; Heijman, W.J.M.; Leen, A.R.

    2002-01-01

    The paper is an exercise in a neo-Austrian based economic analysis of product liability. After a short historical introduction, we take two of the basic premises of Austrian economic thought and see which system of product liability results. If costs are subjective and entrepreneurship is the

  12. Risk management and liability for environmental harm caused by ...

    African Journals Online (AJOL)

    This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for ...

  13. 31 CFR 315.56 - General instructions and liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability. The...

  14. 42 CFR 455.202 - Limitation on contractor liability.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Limitation on contractor liability. 455.202 Section... § 455.202 Limitation on contractor liability. (a) A program contractor, a person, or an entity employed... contractor will not be held to have violated any criminal law and will not be held liable in any civil action...

  15. 31 CFR 321.15 - Liability for losses.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Liability for losses. 321.15 Section... INSTITUTIONS OF UNITED STATES SAVINGS BONDS AND UNITED STATES SAVINGS NOTES (FREEDOM SHARES) Losses Resulting From Erroneous Payments § 321.15 Liability for losses. Under the governing statute, as amended (31 U.S...

  16. "Contributory intent" as a defence limiting delictual liability | Ahmed ...

    African Journals Online (AJOL)

    In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may apply as a defence limiting delictual liability within the ambit of the Apportionment of Damages Act 34 of 1956 ...

  17. Organizational Mortality: The Liabilities of Newness and Adolescence.

    Science.gov (United States)

    Bruderl, Josef; Schussler, Rudolf

    1990-01-01

    Contains a theoretical discussion and an empirical test of Stinchcombe's "liability of newness" hypothesis, which assumes higher failure risks for young organizations than for older ones. This hypothesis does not adequately represent mortality hazards of German business organizations. A "liability of adolescence" concept…

  18. Nuclear Liability Legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    1998-01-01

    This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

  19. The underwriting process of liability insurance in South Africa

    Directory of Open Access Journals (Sweden)

    Anderson, S. E.

    2014-03-01

    Full Text Available Liability risks may embody far-reaching financial consequences for individuals, business enterprises and professional people. This paper focuses on the underwriting process which should be taken into consideration by short-term insurers when they are underwriting the main types of liability insurance, which include employer’s, householder’s, personal, product, professional and public liability insurance. The improvement of financial decision-making by short-term insurers when underwriting liability insurance represents the objective of this research. A study of secondary data was done to identify the existing literature, which formed the basis for compiling a questionnaire to obtain primary data. The top 10 short-term insurers which are the market leaders of liability insurance in South Africa and who received more than 85% of the annual gross written premiums for liability insurance in South Africa, represented the sample of the empirical study. This paper highlights the importance of the underwriting factors concerning liability insurance, how often the stipulations of insurance policies should be adjusted by the short-term insurers to account for the underwriting factors, as well as the problem areas which the underwriters may experience when they are underwriting liability insurance. Possible solutions to solve the problem areas were also addressed

  20. The claims handling process of liability insurance in South Africa

    Directory of Open Access Journals (Sweden)

    Jacoline van Jaarsveld

    2015-04-01

    Full Text Available Liabilities play a very important financial role in business operations, professional service providers as well as in the personal lives of people. It is possible that a single claim may even lead to the bankruptcy of the defendant. The claims handling process of liability insurance by short-term insurers is therefore very important to these parties as it should be clear that liability claims may have enormous and far-reaching financial implications for them. The objective of this research paper embodies the improvement of financial decision-making by short-term insurers with regard to the claims handling process of liability insurance. Secondary data was initially studied which provided the basis to compile a questionnaire for the empirical survey. The leaders of liability insurance in the South African short-term insurance market that represented 69.5% of the annual gross written premiums received for liability insurance in South Africa were the respondents of the empirical study. The perceptions of these short-term insurers provided the primary data for the vital conclusions of this research. This paper pays special attention to the importance of the claims handling factors of liability insurance, how often the stipulations of liability insurance policies are adjusted by the short-term insurers to take the claims handling factors into consideration, as well as the problem areas which short-term insurers may experience during the claims handling process. Feasible solutions to address the problem areas are also discussed.

  1. Sub-seabed burial of radioactive waste and liabilities

    International Nuclear Information System (INIS)

    Reyners, Patrick.

    1982-10-01

    The author of this report discusses the problems raised by application of the special third party liability system to damage which may result from embedding radioactive waste in the sub-seabed. The matter of general liability of the State for nuclear damage caused to the environment is also dealt with in this paper. (NEA) [fr

  2. A review on liability in case of nuclear accident

    International Nuclear Information System (INIS)

    Gallage-Alwis, Sylvie; Faron, Pauline

    2013-01-01

    After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

  3. Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

    International Nuclear Information System (INIS)

    Reyners, P.

    1992-01-01

    The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

  4. Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

    International Nuclear Information System (INIS)

    Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA) [fr

  5. Claims expenses and limits of liability in third party liability insurances

    International Nuclear Information System (INIS)

    Rehmann, J.

    1992-01-01

    After the Chernobyl accident, more than 300,000 individual claims totalling DM 440 million were settled in Germany, even though the level of radiation was relatively low. This has alerted insurers to the potential level of expenses connected with the handling and settlement of claims following a major nuclear accident which, it is estimated, could amount to DM 50 million per 100,000 claims. The Paris Convention (PC) states the principle of congruence between liability and coverage for nuclear installations. The minimum amounts of liability and coverage must be exclusively reserved for the compensation of accident victims. This paper will show that in PC countries, the majority of claims expenses - both internal and external -are borne by the insurers in addition to the sums insured for the compensation of third parties, with limited extensions of coverage in some cases. The situation is different in non-PC countries, and particularly in the United States of America, where expenses are included in the total sum insured together with compensation payments to third parties. This situation would not pose a problem if the minimum amounts of liability and coverage as stated in the PC were still applicable. In practice, most countries have since increased these amounts substantially, thus reducing the insurers' ability to make the maximum possible capacity available for indemnities to victims. Thus, before further increasing the statutory limits of liability, governments should, when conducting the Nuclear Energy Agency revision of the PC, consider allowing insurers to include claims handling expenses in their total sums insured; with a finite amount of risk, insurers would then be able to commit their full capacity instead of withholding a safety buffer for an open-ended commitment. (author)

  6. CORPORATION CRIME LIABILITY OF PERSPECTIVE PENAL REFORM

    Directory of Open Access Journals (Sweden)

    Abdul Salam Siku

    2013-07-01

    Full Text Available The setting of the responsibility criminal against corporations in Indonesia starting from the inception of the emergency law number 7 of 1955 on Economic Crime, then followed by some of the last act is Act No. 8 of 2010 on prevention and eradication of the crime of money laundering. In the framework of the renewal of national criminal law and the draft law on The Criminal law (Criminal Code systematically have set the criminal liability of corporations, whether incorporated corporation law and Corporation who is not a legal entity. Although there have been laws governing corporate crime responsibility about but are still have problems in its application. It can be seen from the lack of a corporate criminal sentenced by the Court.

  7. Civil liability and nuclear coverage: synthesis report

    International Nuclear Information System (INIS)

    1995-01-01

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

  8. Problems of Liability Insurance of House Developers

    Directory of Open Access Journals (Sweden)

    Ionina M. B.

    2014-10-01

    Full Text Available The article deals with the problems of liability insurance of the people who build houses on their own, in connection with the entry into force in January 1, 2014 of the Amendments to the Law № 214-FZ of 30.12.2004 "On Participation in the shared construction of multi apartment buildings and other real estate objects and on Amendments to certain legislative acts of the Russian Federation. The author analyzes all the alternative designs for developers concerning their responsibility to shareholders, paying attention to the problems which have the persons interested in this matter. Besides, one can mention a number of issues not regulated enough by changes in legislation

  9. Liability of Foreignness in Historical Context

    DEFF Research Database (Denmark)

    Lubinski, Christina

    2014-01-01

    vis-à-vis local firms and raise doubts about the assumption that more distance necessarily translates into higher costs. This article adds to this criticism with a historical analysis of German multinational enterprises in preindependence India. The case proves (1) the relevance of specific......Much of international business literature has dealt with the costs of engaging in business abroad. Recently, several authors have called into question the basic assumptions of the “liability of foreignness” argument. They plead for a more nuanced look at nationality beyond the dichotomy of foreign...... with nationality are, thus making a thorough historical analysis of commercial, political, and cultural links between host and home country indispensable....

  10. [Liability in Anaesthesiology: theory of disproportionate damage].

    Science.gov (United States)

    Galán Gutiérrez, J C; Galán Cortés, J C

    2013-10-01

    An analysis is made of the controversial application of the theory of disproportionate damage in the anaesthetic act, due to the high inherent risk, and regardless of the seriousness and importance of the surgery being performed. The existence of a disproportionate damage, that is, damage not foreseen nor accountable within the framework of the professional performance of the anaesthetist, does not by itself determine the existence of liability on the part of the anaesthetist, but the demand from the professionals themselves for a coherent explanation of the serious disagreement between the initial risk implied by their actions and the final consequence produced. Copyright © 2012 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Published by Elsevier España. All rights reserved.

  11. The law concerning liability for nuclear damage

    International Nuclear Information System (INIS)

    Kinouchi, Kazuo

    1978-01-01

    This treatise outlines the Law on Compensation for Nuclear Damage (Law No. 147, June 17, 1961) and the Law on Indemnity Agreement for Compensation of Nuclear Damage (Law, No. 148, June 17, 1961) which are both came into effect in March, 1962, and describes how these laws will be executed if an accident occurs actually in nuclear facilities. The first law which prescribes various provisions for compensation of nuclear damage is characterised as having the principle of no-fault liability and hence making a nuclear enterpriser responsible for securing adequate financial resources to indemnify general public for their damages from nuclear accidents. Thus, in compliance with the law a nuclear enterpriser should effect both the contract of the indemnity responsible insurance and the indemnity agreement for compensation of nuclear damage. The second law deals with the indemnity agreement which is concluded by a nuclear enterpriser with the government and constitutes a full measure for compensation of nuclear damage supplementing the indemnity responsible insurance. The indemnity agreement is to insure compensation liabilities for nuclear damages which the indemnity responsible insurance can not cover-that is, damages caused by earthquakes and volcanic eruptions, and also damages from normal operations of nuclear facilities and those occurs after 10 years of an accident. Then, the author describes in detail how these laws apply in a nuclear accident to damages to third parties and those to facilities of related nuclear enterpriser himself and to his employees. Finally, the author refers to the legal systems for compensation of nuclear damage in the United States, Britain, France and West Germany. (Matsushima, A.)

  12. The 1968 Brussels convention and liability for nuclear damage

    International Nuclear Information System (INIS)

    Sands, Ph.; Galizzi, P.

    2000-01-01

    The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

  13. Civil liability related to imaging exams in Brazil

    OpenAIRE

    Fontana, Mathias Pante; Liedke, Gabriela Salatino; Fontoura, Helena da Silveira; Silveira, Heraldo Luis Dias da; Silveira, Heloísa Emilia Dias da

    2015-01-01

    Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involv...

  14. Catastrophic events leading to de facto limits on liability

    International Nuclear Information System (INIS)

    Solomon, K.A.; Okrent, D.

    1977-05-01

    This study conducts an overview of large technological systems in society to ascertain prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability. Several potential situations are examined: dam rupture, aircraft crash into a sports stadium, chemical plant accident, shipping disaster, and a toxic drug disaster. All of these events are estimated to have probabilities per year similar to or larger than a major nuclear accident and they are found to involve potential liability far exceeding the available resources, such as insurance, corporation assets, or government revenues

  15. The French regime of civil liability for nuclear

    International Nuclear Information System (INIS)

    Leger, Marc

    2013-01-01

    As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

  16. Strengthening Canada's nuclear liability regime

    International Nuclear Information System (INIS)

    McCauley, D.; Henault, J.

    2014-01-01

    On January 30, 2014, a Bill entitled the Energy Safety and Security Act, was introduced in Parliament that, among other things, would strengthen Canada's nuclear civil liability legislation by replacing the current Nuclear Liability Act. The proposed legislation also includes implementing provisions that would permit Canada to join the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. This paper will discuss the importance of a comprehensive civil liability regime for nuclear damage to a country's legislative framework for nuclear development and will present the key elements of Canada's new legislation and the policy considerations behind them. (author))

  17. Liability aspects of home energy-rating systems

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.

    1983-10-01

    Liability aspects of home energy rating systems are discussed. An introduction to the rating system concept, including types of rating systems, implementation efforts to date, and possible groups to conduct ratings, is also included. The home energy rating system concept involves the periodic rating of the energy efficiency of residential buildings. The rating can provide a relative indication of a home's energy efficiency and also a quantitative estimate of consumption, fuel cost, or both. Primary attention is given to liability issues associated with developing and performing ratings. Secondary attention is given to possible liability associated with misuse of a rating once it has been performed.

  18. Third party liability cover for nuclear damage and related problems

    International Nuclear Information System (INIS)

    Carbone, Ferdinando; Gambardella, Elio.

    1974-06-01

    This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA) [fr

  19. Professional liability in the safety and environmental context

    International Nuclear Information System (INIS)

    Matheson, J.A.; Price, A.A.; Scott, J.B.

    1992-01-01

    In Texas, the theories of liability under which professionals can be held liable are breach of contract, common law fraud or misrepresentation, failure to disclose, and the Texas Deceptive Trade Practices Act. Because case law involving safety or environmental professionals is scarce it is necessary to draw analogies from cases involving architects and engineers. These cases, however, may be directly applicable to those who are engineers. This paper reviews examples of these types of liabilities providing case references for each. The paper finishes with preventative steps for minimizing the liabilities of both consulting groups and practicing professionals

  20. 46 CFR 298.38 - Partnership agreements and limited liability company agreements.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form and...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and...

  1. 26 CFR 1.752-2 - Partner's share of recourse liabilities.

    Science.gov (United States)

    2010-04-01

    ... creditor's right to repayment of a partnership liability is limited solely to one or more assets of the... partnership liability equals the portion of that liability, if any, for which the partner or related person... risk of loss for a partnership liability is made under the rules in paragraphs (b) through (k) of this...

  2. Padova Charter on personal injury and damage under civil-tort law : Medico-legal guidelines on methods of ascertainment and criteria of evaluation.

    Science.gov (United States)

    Ferrara, Santo Davide; Baccino, Eric; Boscolo-Berto, Rafael; Comandè, Giovanni; Domenici, Ranieri; Hernandez-Cueto, Claudio; Gulmen, Mete Korkut; Mendelson, George; Montisci, Massimo; Norelli, Gian Aristide; Pinchi, Vilma; Ranavaya, Mohammed; Shokry, Dina A; Sterzik, Vera; Vermylen, Yvo; Vieira, Duarte Nuno; Viel, Guido; Zoja, Riccardo

    2016-01-01

    Compensation for personal damage, defined as any pecuniary or non-pecuniary loss causally related to a personal injury under civil-tort law, is strictly based on the local jurisdiction and therefore varies significantly across the world. This manuscript presents the first "International Guidelines on Medico-Legal Methods of Ascertainment and Criteria of Evaluation of Personal Injury and Damage under Civil-Tort Law". This consensus document, which includes a step-by-step illustrated explanation of flow charts articulated in eight sequential steps and a comprehensive description of the ascertainment methodology and the criteria of evaluation, has been developed by an International Working Group composed of juridical and medico-legal experts and adopted as Guidelines by the International Academy of Legal Medicine (IALM).

  3. Inventory of nuclear liabilities - The Belgian perspective

    International Nuclear Information System (INIS)

    Minon, Jean-Paul

    2003-01-01

    Like all countries that use radioactive materials for producing electricity or for other peaceful purposes, Belgium is faced with an important challenge: the safe management of all these materials, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12.12.97, charged ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials, with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. ONDRAF/NIRAS was specifically charged with ascertaining all facts of a technical and financial nature which should enable the minister responsible for energy to verify whether every operator or owner of a nuclear installation and every holder or owner of radioactive materials have provided in time for the requisite financial resources to cover the future costs of decommissioning and remediation. This evaluation of course also serves to enable the government to take the necessary

  4. The Contractual Liability of Student Organizations with Outside Groups.

    Science.gov (United States)

    Likins, Jeanne M.

    1978-01-01

    Included is a consideration of contract and agency law, how these apply to student organizations, potential liability consequences, guidelines to avoid such consequences, and a summary of the current situation. (Author)

  5. Approaching Environmental Cleanup Costs Liability Through Insurance Principles

    National Research Council Canada - National Science Library

    Corbin, Michael A

    1994-01-01

    .... Applying insurance industry principles to environmental cleanup costs liability will provide a firm foundation to reduce the risk of loss to the taxpayer, reduce cleanup costs, and stimulate private...

  6. Nuclear liability amounts on the rise for nuclear installations

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena; Schwartz, Julia; Kuzeyli, Kaan

    2015-01-01

    The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

  7. Nuclear Liability Act as amended (No 484/72)

    International Nuclear Information System (INIS)

    1972-01-01

    This Act which entered into force on 16th June 1972 adopted the essential principles laid down in the Paris Convention. These include in particular absolute liability of the operator, its limitation in amount and in time. (NEA) [fr

  8. 31 CFR 370.26 - What limitations exist on liability?

    Science.gov (United States)

    2010-07-01

    ... TRANSFERS RELATING TO UNITED STATES SECURITIES Debit Entries § 370.26 What limitations exist on liability? If we sustain a loss because a financial institution fails to handle an entry in accordance with this...

  9. 7 CFR 46.10 - Nonlicensed person; liability; penalty.

    Science.gov (United States)

    2010-01-01

    ... 46.10 Agriculture Regulations of the Department of Agriculture AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE MARKETING OF PERISHABLE AGRICULTURAL... Licenses § 46.10 Nonlicensed person; liability; penalty. Any commission merchant, dealer, or broker who...

  10. Nuclear Energy and Liability in Law. Records of the meeting

    International Nuclear Information System (INIS)

    1977-01-01

    The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA) [fr

  11. Nuclear Liability and Insurance for nuclear Damage in Switzerland

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    1998-01-01

    With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

  12. Nuclear Liability and Insurance for Nuclear Damage in Sweden

    International Nuclear Information System (INIS)

    Thofelt, H.

    1998-01-01

    This paper contains some facts about the Swedish nuclear energy production system and about the nuclear operators liability with the important issues. The nuclear insurance of Sweden is also explained in short terms. (author)

  13. 48 CFR 1427.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

  14. 48 CFR 27.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

  15. Negligent Hiring and Employer Liability in the Selection of Employees.

    Science.gov (United States)

    Howard, Sharon Swenson

    1988-01-01

    Reviews some theories of employer liability: (1) negligent hiring; (2) negligent entrustment; and (3) respondent superior. Applicable cases focusing on the investigation of prospective employees and the emerging constitutional implications are discussed. (MLF)

  16. An Examination of Contemporary Issues Relating to Medical Liability ...

    African Journals Online (AJOL)

    In Nigeria, cases of negligence are under-reported; consequently marginal compensations ... consent, the doctor retains the duty to do what is in the best interest of the patient. ... Keywords: Medical, liability, negligence, Bolam, standard of care ...

  17. 26 CFR 1.752-1 - Treatment of partnership liabilities.

    Science.gov (United States)

    2010-04-01

    ..., obligations under a short sale, and obligations under derivative financial instruments such as options, forward contracts, futures contracts, and swaps. (iii) Other liabilities. For obligations that are not § 1...

  18. Report on state liability for radioactive materials transportation incidents: A survey of laws

    International Nuclear Information System (INIS)

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

  19. Managing nuclear liabilities: 'hospital pass' or major opportunity?

    International Nuclear Information System (INIS)

    May, D.

    1995-01-01

    This paper sets out to start changing the perception that liabilities management is an unattractive part of the UK Nuclear Industry. The paper describes BNFL's successes and long term challenges in this area and concludes that liabilities management presents a major opportunity to:-Remove an Achilles heel of the industry; Create value for the companies concerned by successfully driving down costs; Sustain and exploit internationally a major UK competitive edge. (Author)

  20. The Effects of Liquidity Regulation on Bank Assets and Liabilities

    OpenAIRE

    Patty Duijm; Peter Wierts

    2014-01-01

    Under Basel III rules, banks become subject to a liquidity coverage ratio (LCR) from 2015 onwards, to promote short-term resilience. We investigate the effects of such liquidity regulation on bank liquid assets and liabilities. Results indicate co-integration of liquid assets and liabilities, to maintain a minimum short-term liquidity buffer. Still, microprudential regulation has not prevented an aggregate liquidity cycle characterised by a pro-cyclical pattern in the size of balance sheets a...

  1. Nuclear operator. Liability amounts and financial security limits

    International Nuclear Information System (INIS)

    2015-07-01

    This paper gives, for numerous countries involved (or would be involved) in nuclear activities, financial information on the liability amount imposed on the operator, the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated, and the public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula

  2. Partnerships – Limited partnerships and limited liability limited partnerships

    OpenAIRE

    Henning, Johan J.

    2000-01-01

    Consideration of the Limited Liability Partnership Act 2000 which introduced a new corporate entity, carrying the designations “partnership” and “limited” which allow members to limit their liability whilst organising themselves internally as a partnership. Article by Professor Johan Henning (Director of the Centre for Corporate Law and Practice, IALS and Dean of the Faculty of Law, University of the Free State, South Africa). Published in Amicus Curiae - Journal of the Institute of Advanced ...

  3. 論美國關鍵字商標初始興趣混淆的民事責任與我國的議題現況評析──以網路搜尋引擎業者與資訊儲存服務提供者為中心 Civil Liability for Trademark Initial Interest Confusion to Keywords in US and Current Evaluation in Taiwan —Centering on Search Engine and Information Storage Service Provider

    Directory of Open Access Journals (Sweden)

    程法彰 Fa-Chang Cheng

    2016-06-01

    Full Text Available 網路搜尋引擎業者強大的資訊蒐集能力與網路資訊儲存業者強大的資訊儲存能力,引起商標權人對初始興趣混淆議題的高度重視。本文認為美國在實務案件中出現對網路搜尋引擎業者或資訊儲存服務提供者關鍵字搜尋的商標運用行為,過度解讀為直接侵權行為。這樣的作法不但破壞了侵權行為的理論基礎,亦不當的平衡商標權人的保護與網路發展的重要性。若我國將來採取與美國相同的基調,經由美國的相關經驗,對網路搜尋引擎業者或資訊儲存服務業關於關鍵字商標初始興趣混淆責任,亦應以間接侵權行為責任相繩。在責任的具體規範上,第一步或許可以藉由通過目前電子通訊傳播法草案,對於業者宣示最低的行為準則。最終本文建議經由草案中避風港條款機制,對於商標間接侵權行為的免責實踐經驗,並參考美國對於智慧財產間接侵權行為的規範,在我國商標法中增列間接侵權行為責任條文。 The enormous data collection power in search engine providers and the tremendous data storage power in information storage service providers arouse strong concerns about initial interest confusion to trademark use among the trademark owners. This article indicates that US judicial practice overreads the trademark use to keyword search mechanism in search engine providers and storage service providers as direct trademark infringement. This phenomenon not only tears down the fundamental torts theory but also strikes the inappropriate balance between the protection of trademark owners and the importance of Internet development. This article concludes that the indirect torts liability would be the most appropriate solution to resolve the trademark dispute for keywords initial confusion regarding search engine and information storage service if Taiwan follows the US experience. To get through the

  4. The international liability funds in the maritime field

    Directory of Open Access Journals (Sweden)

    Mišo Mudrić

    2009-08-01

    Full Text Available This Paper aims to explore the current system of the international liability funds in the maritime field. Through the systematic economical, legal and political analysis of the current and envisaged international, regional and national liability funds connected to the pollution of the seas, an overview of the function, efficiency and critical considerations of the chosen liability funds will be presented. A comparison between the international system of the compensation for the oil pollution damage (and the pending hazardous and noxious substances compensation model, and that of the United States is necessary, in order to determine a difference in approaches these two systems use to tackle the burning issues of oil (and hazardous and noxious substances spills. A special consideration will be devoted to the questions of limited or unlimited liability, scope and strength of the Protection & Indemnity insurance and reinsurance market, problems of the channeling of the liability, moral hazard of the financial caps, and the general lack of the liability funds in the maritime field. Finally, an attempt will be made to consolidate the difference in opinions regarding the previously mentioned issues, and to predict the possible routes of changes awaiting the fund compensation systems.

  5. Strict liability as a legal mechanism protecting the aggrieved parties' interests within the nuclear liability regime

    International Nuclear Information System (INIS)

    Novotna, Marianna

    2016-01-01

    The no-fault liability principle of nuclear liability regime, its compensation schemes, sociological and legal grounds of its construction as well as liberation grounds are analysed. The simple existence of causation of damage and nuclear accident without necessity of proving negligence or any other type of fault on the part of the operator as an adequate basis for the operator’s strict liability is highlighted thus simplifying the litigation process eliminating potential obstacles, especially such as might exist with the burden of proof. The question of weighing the interests of society in the development of nuclear industry, the necessary extent of protection of victims of nuclear accidents and the interests of operators of nuclear facilities as main determinants of the strict nature of nuclear liability is also described. (orig.)

  6. ACCRUAL OF LIABILITIES AND CONTINGENT ASSETS

    Directory of Open Access Journals (Sweden)

    Elena Ilie

    2011-12-01

    Full Text Available International Financial Reporting Standards together with Public Sector Accounting Standards are based on professional reasoning by appealing to principles that can lead to several solutions for a certain problem. In this respect Romanian economic mechanisms have a high level of rigidity in the implementation of accounting concepts and principles so that it is important to highlight the aspects that generate added value in the current economic climate. Even since 2005 the harmonization of Romanian accounting with the directives of International Accounting Standards, which came to support the harmonization of rules and principles concerning the development of annual financial statements of public institutions, is the most important and essential challenge for administrative environment. Assets and contingent liabilities are elements which in terms of the law cannot be included in the assets of a public institution that is why accounting of these elements must be performed using special off-balance sheet accounts. The purpose of this work emphasizes the opportunity and the recognition of economic events whose elements should be reflected in balance sheet, but also the appropriate and necessary moment of making entries over special accounts off the balance sheet in accordance with IPSAS 19.

  7. Armed guards on vessels : insurance and liability

    Directory of Open Access Journals (Sweden)

    Mišo Mudrić

    2011-12-01

    Full Text Available The Paper examines the insurance and liability issues resulting from the use of armed guards on board vessels. The study begins with an overview of the available data on key economic fi gures representing the projected overall annual costs of modern piracy. The focus is then shifted to the issue of public versus private security, where possible dangers of private-based security options are discussed in general. After explaining why the Somalia region deserves a closer attention when compared to other pirate-infested waters, a brief summary of the international effort to combat piracy threat is presented, followed by a structured overview of the use of private maritime security options in the maritime sector in general. One security option is the use of armed guards on board vessels. This option is explored both from the political (the acceptance by stakeholders and legal standpoint (legal issues arising from the use of armed guards. An important remedy for the shipping companies/ operators threatened by the piracy hazard is the existence of affordable and effective (specialized marine insurance. A study of available piracy insurance policies is presented, followed by an analysis of case law and other legal issues arising from piracy attacks, which could prove important when considering the legal implications of armed guards employment. Finally, a simplifi ed economic analysis of available security options is presented, followed by the final assessment of benefi ts derived from the use of armed guards.

  8. Spent nuclear fuel disposal liability insurance

    International Nuclear Information System (INIS)

    Martin, D.W.

    1984-01-01

    This thesis examines the social efficiency of nuclear power when the risks of accidental releases of spent fuel radionuclides from a spent fuel disposal facility are considered. The analysis consists of two major parts. First, a theoretical economic model of the use of nuclear power including the risks associated with releases of radionuclides from a disposal facility is developed. Second, the costs of nuclear power, including the risks associated with a radionuclide release, are empirically compared to the costs of fossil fuel-fired generation of electricity. Under the provisions of the Nuclear Waste Policy Act of 1982, the federally owned and operated spent nuclear fuel disposal facility is not required to maintain a reserve fund to cover damages from an accidental radionuclide release. Thus, the risks of a harmful radionuclide release are not included in the spent nuclear fuel disposal fee charged to the electric utilities. Since the electric utilities do not pay the full, social costs of spent fuel disposal, they use nuclear fuel in excess of the social optimum. An insurance mechanism is proposed to internalize the risks associated with spent fueled disposal. Under this proposal, the Federal government is required to insure the disposal facility against any liabilities arising from accidental releases of spent fuel radionuclides

  9. The role of procurement in liabilities management

    International Nuclear Information System (INIS)

    Nicol, R.D.

    1998-01-01

    The new United Kingdom Atomic Energy Authority (UKAEA) has as its primary purpose the management of the liabilities left from the nuclear R and D programme. When it was set up in its present form in 1994 (as UKAEA Government Division) it had as its core functions programme management and procurement. It aimed to be involved in project implementation and operations only in so far as it needed to be for purposes of control as nuclear site licensee, or where otherwise this represented best value for money for the taxpayer. This paper describes how the clear definition and split of client and contractor roles has enabled UKAEA to promote the development of a competitive market in decommissioning, to the benefit of the taxpayer and industry. The importance of procurement at the various stages of planning and implementation are explained, along with some of the initiatives UKAEA has taken to improve client-contractor relationships. It is argued that UKAEA's approach has helped to define the boundaries of what is permissible in contractorization within the terms of a nuclear site licence. (author)

  10. Insurance of operators liability: the reality principle

    International Nuclear Information System (INIS)

    Allegre, J.

    2000-01-01

    The author's observations commence with -an overview of the principal amendments proposed in relation to the revision of the Paris Convention, in particular the inclusion of preventive measures, the definition of nuclear damage, the notion of reasonableness in respect of preventive measures and measures of reinstatement, increased liability amounts and extended prescription periods. He examines to what extent the insurance industry of today would be able to cover such risks, and the problems or doubts that it may encounter in doing so. This presentation also raises other questions which as yet remain unanswered, in particular the question of priorities and the role that complementary funding, namely the Brussels Supplementary Convention, will play in compensating victims. The author concludes by commenting on the current state of the insurance market. He suggests that before making irreversible political decisions in this field, Contracting Parties should, inter alia, carry out detailed analyses on the adequacy of the financial guarantees, in order to attain existing objectives and eliminate the obstacles which prevent the nuclear insurance market from being a competitive one. The author suggests that it might be in the interests of European nuclear operators to promote an insurance mechanism along the same lines as their American colleagues. (author)

  11. BOT3P: a mesh generation software package for the transport analysis codes Dort, Tort, Twodant, Threedant and MCNP

    International Nuclear Information System (INIS)

    Orsi, R.

    2003-01-01

    Bot3p consists of a set of standard Fortran 77 language programs that gives the users of the deterministic transport codes Dort and Tort some useful diagnostic tools to prepare and check the geometry of their input data files for both Cartesian and cylindrical geometries including graphical display modules. Bot3p produces at the same time the geometrical and material distribution data for the deterministic transport codes Twodant and Threedant and, only in three-dimensional (3D) Cartesian geometry, for the Monte Carlo Transport Code MCNP. This makes it possible to compare directly for the same geometry the effects stemming from the use of different data libraries and solution approaches on transport analysis results. Through the use of Bot3p, radiation transport problems with complex 3D geometrical structures can be modelled easily, as a relatively small amount of engineer-time is required and refinement is achieved by changing few parameters. This tool is useful for solving very large challenging problems. (author)

  12. Limited and unlimited liability in the German Atomic Energy Law

    International Nuclear Information System (INIS)

    Pelzer, N.

    1982-01-01

    The liability of operators of nuclear installations in the FRG is limited under current law to the sum of one thousand million DM (section 31 of the Atomic Energy law). Since about the autumn of 1979, the Federal Ministry of the Interior is making inquiries into the necessity and appropriateness of abandoning the provision on liability limitations, in order to improve the victims compensation. The legal problems involved in this decision are presented by the author, trying to answer the question of whether the current system of liability limitations should be maintained or abandoned by discussing this issue from the point of view of the legal functions ''justice'' and ''expedience'' of this provision. The manifold international interlacement of the atomic energy law does not allow this study to be restricted to the law of the FRG. A brief review of the development and current state of the international nuclear liability law is the basis of this study into the problems of a possible modification of the German nuclear liability provisions. The study is carried out with the purpose of elaborating model solutions. (orig./HP) [de

  13. Liability for industrial disasters: law and democracy

    Energy Technology Data Exchange (ETDEWEB)

    Lalo, A. [Nice Univ., 06 (France)

    1998-07-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error,of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and

  14. Liability for industrial disasters: law and democracy

    International Nuclear Information System (INIS)

    Lalo, A.

    1998-01-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error, of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and function. The ethics of responsibility on which the citizens insisted shows the developing notion of 'precaution

  15. Legal liability for failure to prevent pregnancy (wrongful pregnancy

    Directory of Open Access Journals (Sweden)

    Lodewicus Charl Coetzee

    2017-05-01

    Full Text Available Can the conception of a child ever constitute damage recoverable in law? This article considers the liability of healthcare practitioners for failing to prevent a pregnancy. Developments leading to the recognition of wrongful pregnancy as a cause of (legal action in South Africa (SA, are briefly outlined. The salient points of the relevant judgments by SA courts are set out to expose the rationale underlying the judgments and to highlight that recognition of liability for wrongful pregnancy resulted from an application of fair and equitable principles of general application. Conduct that could expose practitioners to liability is identified from reported cases and inferred from general principles laid down in case law.

  16. Managing liabilities which arise out of radioactive waste

    International Nuclear Information System (INIS)

    Hall, R.M. Jr.

    1986-01-01

    The Atomic Energy Act has established a comprehensive regulatory program which governs the management of most radioactive wastes. There are substantial civil and criminal penalties for violations. In addition, environmental statutes such as the Resource Conservation and Recovery Act and the Superfund law impose liabilities on managers of ''non-nuclear'' hazardous wastes. The availability of common law remedies by private parties subjects companies and their officers and employees, and in some cases the government, to liability for personal injuries or property damage. An environmental manager at any facility where radioactive materials are being handled must be aware of these potential liabilities and should engage in a regular program of environmental auditing to ensure compliance

  17. Unlimited liability will not automatically establish unlimited coverage

    International Nuclear Information System (INIS)

    Breining, W.

    1980-01-01

    Comments from the point of view of insurance companies. The plans of the Federal Ministry of the Interior to reform nuclear liability law in the Federal Republic of Germany, especially the intention to abolish the maximum liability limit, were commented upon also from the point of view of the insurance companies at the 6th German Atomic Energy Law Symposium. Reference was made, above all, to the problems which could arise from the fact that insurance companies need broad international backing and, accordingly, harmonization with the liability rules and conditions valid in other countries, in order to cover the high nuclear risks. Another problem to which attention was drawn was the need for evidence in catastrophic cases and the capability to settle cases of damage arising under such conditions. (orig.) 891 HP/orig. 892 MB [de

  18. Particular aspects and limits of absolute nuclear liability

    International Nuclear Information System (INIS)

    Engelhard, M.; Brunengo, C.

    1981-10-01

    Ambiguities subsist concerning the application limits of conventional non-nuclear liability and nuclear liability. Based on three examples where the system of channelling liability onto the operator of a nuclear installation is not applied: holder of low-risk nuclear products or materials; nuclear/supplier contractual relations; and nuclear operator/third party relations, this paper outlines some practical solutions to the problems met. The solutions considered concern: suppression of nuclear risk exclusions in policies underwritten by persons who do not take part in the nuclear activity and generalizing and strengthening of the channelling of the nuclear risk onto the operator as well as creation of ''bridges'' between the existing Conventions. (NEA) [fr

  19. Optimizing the Banking Activity Using Assets & Liabilities Management

    Directory of Open Access Journals (Sweden)

    Vasile Dedu

    2008-10-01

    Full Text Available In the actual study, starting from the international experience, we revealed the role that should be taken by the Assets and Liabilities Committee (ALCO within the Romanian commercial banks. ALCO became one of the tools used by the executive management of the banks to take decisions regarding the future policy of assets and liabilities management, relying on the synthetic information prepared by well trained technicians but without voting right (usually middle management staff. We consider that the implementation of an assets and liabilities management strategy cannot be done without an appropriate corporate governance structure, even though the bank is having highly specialized staff. Models of some western banking institutions may be considered as benchmarks by the Romanian banks.

  20. The liability rules under international GHG emissions trading

    International Nuclear Information System (INIS)

    Zhong Xiang Zhang

    2001-01-01

    Article 17 of the Kyoto Protocol authorizes emissions trading, but the rules governing emissions trading have been deferred to subsequent conferences. In designing and implementing an international greenhouse gas (GHG) emissions trading scheme, assigning liability rules has been considered to be one of the most challenging issues. In general, a seller-beware liability works well in a strong enforcement environment. In the Kyoto Protocol, however, it may not always work. By contrast, a buyer-beware liability could be an effective deterrent to non-compliance, but the costs of imposing it are expected to be very high. To strike a middle ground, we suggest a combination of preventive measures with strong but feasible end-of-period punishments to ensure compliance with the Kyoto emissions commitments. Such measures aim to maximize efficiency gains from emissions trading and at the same time, to minimize over-selling risks. (author)

  1. Standard rules for liability and cover for nuclear installations

    International Nuclear Information System (INIS)

    Pfaffelhuber, J.K.; Kuckuck, B.

    1980-01-01

    To afford full protection for possible victims, the authors of this article are in favour of doing away with the limitation of liability of nuclear operators presently provided under the German Atomic Energy Act, the principle of which is based on the Paris Convention and the Brussels Supplementary Convention. In support of this argument reference is made to the recent accident at Three Mile Island, trends in other national legislation towards unlimited liability as well as high safety standards in German nuclear plants. Finally, possible ways of providing unlimited liability are proposed, in particular increased insurance cover and the constitution of an interest-bearing fund in addition to State intervention in case of a major nuclear incident. (NEA) [fr

  2. Practical problems of third party liability connected with nuclear installations

    International Nuclear Information System (INIS)

    Lacroix, F.

    1975-01-01

    A special regime of liability for nuclear damage was established by the Paris Convention, 1960, and the Vienna Convention, 1963. The same basic principles are embodied in both Conventions. Some discrepancies, however, still exist between them despite the adoption of an additional protocol to the Paris Convention in 1964 for harmonization purposes. Practical problems facing insurers and suggestions for suitable solutions are presented. International transport of nuclear material raises, in particular, complex issues. With regard to civil liability arising out of the carriage of nuclear material by sea, a possible conflict between maritime transport conventions and nuclear liability conventions was resolved by the Brussels' Convention, 1971. Wider ratification of the nuclear conventions appears to be the only way for coping with some remaining difficulties, in particular with respect to nuclear material in transit

  3. The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

    Directory of Open Access Journals (Sweden)

    Alexandru POPA

    2010-02-01

    Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

  4. Malpractice liability and defensive medicine: a national survey of neurosurgeons.

    Directory of Open Access Journals (Sweden)

    Brian V Nahed

    Full Text Available BACKGROUND: Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. METHODS: A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. RESULTS: A total of 1028 surveys were completed (31% response rate by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%, laboratory tests (67%, referring patients to consultants (66%, or prescribing medications (40%. Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. CONCLUSIONS: Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

  5. Malpractice liability and defensive medicine: a national survey of neurosurgeons.

    Science.gov (United States)

    Nahed, Brian V; Babu, Maya A; Smith, Timothy R; Heary, Robert F

    2012-01-01

    Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. A total of 1028 surveys were completed (31% response rate) by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%), laboratory tests (67%), referring patients to consultants (66%), or prescribing medications (40%). Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

  6. Reciprocity within the framework of nuclear civil liability law

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1986-01-01

    With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

  7. On extended liability in a model of adverse selection

    OpenAIRE

    Dieter Balkenborg

    2004-01-01

    We consider a model where a judgment-proof firm needs finance to realize a project. This project might cause an environmental hazard with a probability that is the private knowledge of the firm. Thus there is asymmetric information with respect to the environmental riskiness of the project. We consider the implications of a simple joint and strict liability rule on the lender and the firm where, in case of a damage, the lender is responsible for that part of the liability which the judgment-p...

  8. Nature and finality of liability insurance support to nuclear operators

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1975-01-01

    First the specific features of the law originated from the Paris Convention of 1960 is described: strict liability channeled on the operator, the both principles being already underlying in the insurance policies delivered to nuclear operators before their introduction in the internal legislation of the countries that ratified the convention. Then the specific services expected from the liability Insurer are reviewed and the method now prevailing for a rating approach of the risks is analyzed. The new rating techniques that could be justified by speeding up the erection program of nuclear plants through the world are surveyed [fr

  9. Mergers and acquisitions: director and consultant liability exposure.

    Science.gov (United States)

    Waxman, J M

    1995-02-01

    Corporate directors and their consultants must make decisions in an uncertain and changing health care environment. The losses each may face as a result of an incomplete analysis of the true value of the entities involved in mergers or acquisitions may extend beyond the failure of the transaction to the creation of personal liability as well. Accordingly, objective, careful, detailed, and fair decision-making based upon adequate information is more critical than ever for directors if they are to be able to take advantage of the business judgment rule, and also for consultants to avoid their own liability when transactions fail to deliver the values they have estimated.

  10. Nuclear liability in the course of transport - some insurance aspects

    International Nuclear Information System (INIS)

    Andersson, G.

    1993-01-01

    This presentation deals with some legal and practical problems in the transport liability field, problems the author has met over the years as an insurer of nuclear risks. The intention is not to give a presentation of the nuclear liability rules as such, which should be familiar to the reader, neither to give an overall survey of the insurance procedures as regards transport of nuclear substances. It will just point out a few questions that are typical for this kind of business and that might be of interest for those who in one way or another might be involved in the insurance of nuclear transports

  11. Nuclear liability legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)

  12. Genetic Variation in Schizophrenia Liability is Shared With Intellectual Ability and Brain Structure

    NARCIS (Netherlands)

    Bohlken, Marc M; Brouwer, Rachel M; Mandl, René C W; Kahn, René S; Hulshoff Pol, Hilleke E

    2016-01-01

    BACKGROUND: Alterations in intellectual ability and brain structure are important genetic markers for schizophrenia liability. How variations in these phenotypes interact with variance in schizophrenia liability due to genetic or environmental factors is an area of active investigation. Studying

  13. Financial Management: DoD Process for Reporting Contingent Legal Liabilities

    National Research Council Canada - National Science Library

    Granetto, Paul J; Marsh, Patricia A; Peek, Marvin L; Brittingham, Scott S; Baidridge, Denise E; Egu, Charles O; Schenck, Kristy M; Adams, Carl L; Reiser, Cheri L

    2006-01-01

    ... contingent liabilities should read this report. It identifies areas where DoD and its Components have not fully complied with Federal financial accounting standards and are not consistent in computing and disclosing contingent legal liabilities...

  14. The liability of the radiopharmacist and the nuclear physician in the use of radiopharmaceuticals

    International Nuclear Information System (INIS)

    Coustou, F.

    1986-01-01

    A brief article examines the traditional aspects of the physician's and pharmacist's liability in general followed by a discussion on the liability of the nuclear physician and the radiopharmacist in the use of radiopharmaceuticals. It is concluded that the liabilities involved in the use of radiopharmaceuticals go well beyond the scope of traditional medicine and pharmacy. (UK)

  15. 25 CFR 141.57 - Procedures to cancel liability on bond.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false Procedures to cancel liability on bond. 141.57 Section 141.57 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES BUSINESS... Procedures to cancel liability on bond. (a) Any surety who wishes to be relieved from liability arising on a...

  16. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

  17. 33 CFR 138.240 - Procedure for calculating limit of liability adjustments for inflation.

    Science.gov (United States)

    2010-07-01

    ... of liability adjustments for inflation. 138.240 Section 138.240 Navigation and Navigable Waters COAST... calculating limit of liability adjustments for inflation. (a) Formula for calculating a cumulative percent... later than every three years from the year the limits of liability were last adjusted for inflation, the...

  18. Monitoring Patient Drug Profiles and the Legal Liability of the Pharmacist

    Science.gov (United States)

    Salisbury, Rupert

    1976-01-01

    With consideration given to tort law, specifically Negligence, the author analyzes the standard of care, determines what factors may alter the standard, and suggests how the standard of care may vary with the advent of new developments in any field. (LBH)

  19. Third national inventory of nuclear liabilities - main findings, lessons learned

    International Nuclear Information System (INIS)

    Cantarella, Jacques; Roger, Brigitte

    2013-01-01

    The safe management of a country's radioactive substances in both the short and the long term implies a cost to its present society and necessitates financial resources to cover these costs. Once they are needed, these financial resources may prove to be insufficient or even completely lacking, leading to a nuclear liability. By virtue of article 9 of the Belgian law of 12 December 1997, the Belgian Government wishes to avoid the occurrence of such nuclear liabilities. This law charges ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials with the mission to draw up a register of the localisation and the state of all nuclear sites and all sites containing radioactive substances, to estimate the costs of their decommissioning and remediation, to evaluate the existence and adequacy of the provisions for financing these future or current operations and to update the resulting inventory of nuclear liabilities on a five-yearly basis. This paper outlines the methodology put in place by ONDRAF/NIRAS to accomplish this assignment and highlights some of the results of this third inventory. It then focuses on the main recommendations ONDRAF/NIRAS made to the Belgian Government on the field of avoiding potential nuclear liabilities. (authors)

  20. 19 CFR 141.1 - Liability of importer for duties.

    Science.gov (United States)

    2010-04-01

    ... Customs by the broker. (c) Claim against estate of importer. The claim of the Government for unpaid duties... 19 Customs Duties 2 2010-04-01 2010-04-01 false Liability of importer for duties. 141.1 Section 141.1 Customs Duties U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY; DEPARTMENT...

  1. The liability of some haematological parameters in chickens and ducks

    African Journals Online (AJOL)

    The liability of some haematological parameters in chickens and ducks. E.M. Smith, J Hattingh. Abstract. No Abstract. Full Text: EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT · AJOL African Journals Online. HOW TO USE AJOL... for Researchers · for Librarians ...

  2. 76 FR 18366 - Federal Home Loan Bank Liabilities

    Science.gov (United States)

    2011-04-04

    ... attachment for Book-entry consolidated obligations. 1270.19 Reference to certain Department of Treasury... authorized Federal Home Loan Bank (Bank) liabilities and book-entry procedures for COs, as new part 1270 of... Agency and Recent Legislation Effective July 30, 2008, the Housing and Economic Recovery Act of 2008...

  3. Liabilities of the competent person for radiation protection

    International Nuclear Information System (INIS)

    Bizet, A.

    2008-01-01

    The article R. 4456-1 of the Labour code requires employer to appoint a competent person for radiation protection (C.P.R.). Although the prerogatives of the CPR are exercised under the responsibility of the employer, the traditional rules of questioning the liability apply to the employer as well as to the C.P.R.. For the civil liability, the object of which is to guarantee the compensation of damage by its author, but also for the criminal liability, which aims at punishing an illegal behaviour, the C.P.R. does not escape these traditional rules which, however, apply in a particular way considering the daily missions of the C.P.R.. If the responsibility of the employer is more questioned, notably because of the authority he/she exercises on his/her employee, the C.P.R. must not be considered as irresponsible regarding civil and penal requirements; the C.P.R. may indeed be questioned by an employee victim of damage. The activity of the C.P.R. (and thus the cases allowing the questioning of its liability) rests widely on the means which it has and the context in which it discharges its missions. Moreover the judge does take into account the resources which an agent has to judge his responsibility. Thus, the relations of the C.P.R. with other actors of the radiation protection, internal or external in the establishment, are determining. (author)

  4. Vienna convention on civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1996-01-01

    The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23

  5. Environmental pollution liability insurance in China: compulsory or voluntary?

    NARCIS (Netherlands)

    Feng, Y.; Mol, A.P.J.; Lu, Y.L.; He, G.Z.; Koppen, van C.S.A.

    2014-01-01

    China started the trial application of Environmental Pollution Liability Insurance in 2008, as part of a wider development of using market actors and market mechanisms in mitigating environmental pollution. Around the world and in China two main patterns of local pollution insurance practices can be

  6. 13 CFR 115.19 - Denial of liability.

    Science.gov (United States)

    2010-01-01

    ... under contract law, the Act, and the regulations in this part, SBA is relieved of liability if any of... guarantee application. (a) Excess Contract or bond amount. The total Contract or Order amount at the time of... exceeds the total Contract or Order amount. (b) Misrepresentation or fraud. The Surety obtained the Prior...

  7. Liability of German suppliers and service providers for foreign projects

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2017-01-01

    Main topic is the question of the extent to which German plant constructors, suppliers, engineering consultants, experts or operators expose themselves to liability for the delivery of their products and services abroad. In principle, in almost all nuclear power countries, liability is channelled to the operator; suppliers and service providers are exempted from liability. However, there are conceivable cases in which this principle does not apply. This can occur, for example, if a major accident is assumed to have an impact on neighbouring countries of the country of destination; here, depending on the applicable law, the German supplier or service provider could be ordered to pay for damages. The risk of liability remaining in this way can be reduced if necessary by means of an exemption clause in the supply contract. The regulation of the operator's recourse to the contractor, insofar as the latter is responsible for the accident, and the - controversial -question of to what extent damage to the plant itself gives rise to claims for damages by the operator against the contractor are also discussed.

  8. 78 FR 75471 - Section 3504 Agent Employment Tax Liability

    Science.gov (United States)

    2013-12-12

    ... 3504 Agent Employment Tax Liability AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final... home care services, which are subject to taxes under the Federal Unemployment Tax Act. The final... the agent and employer are liable for the employment taxes and penalties associated with the employer...

  9. 26 CFR 31.3111-4 - Liability for employer tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for employer tax. 31.3111-4 Section...) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Federal Insurance Contributions Act (Chapter 21, Internal Revenue Code of 1954) Tax on Employers...

  10. 26 CFR 31.3403-1 - Liability for tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 15 2010-04-01 2010-04-01 false Liability for tax. 31.3403-1 Section 31.3403-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Collection of...

  11. Intellectual property liability of consumers, facilitators, and intermediaries

    NARCIS (Netherlands)

    Heath, C.; Kamperman Sanders, A.W.J.

    2012-01-01

    With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting

  12. K Calitz THE LIABILITY OF CHURCHES FOR THE HISTORICAL

    African Journals Online (AJOL)

    Setup

    Father Baldwin is so close in character to one of employer/employee that it is just and fair to hold the ... Catholic Child Welfare Society & Ors v Various Claimants & Institute of Brothers of the Christian. Schools 2012 UKSC 56 ..... liability on a close connection between the enterprise risk and the wrongful acts, as. 70. Jacobi v ...

  13. Audit of long-term and short-term liabilities

    Directory of Open Access Journals (Sweden)

    Korinko M.D.

    2017-03-01

    Full Text Available The article determines the importance of long-term and short-term liabilities for the management of financial and material resources of an enterprise. It reviews the aim, objects and information generators for realization of audit of short-term and long-term obligations. The organizing and methodical providing of audit of long-term and short-term liabilities of an enterprise are generalized. The authors distinguish the stages of realization of audit of long-term and short-term liabilities, the aim of audit on each of the presented stages, and recommend methodical techniques. It is fixed that it is necessary to conduct the estimation of the systems of internal control and record-keeping of an enterprise by implementation of public accountant procedures for determination of volume and maintenance of selection realization. After estimating the indicated systems, a public accountant determines the methodology for realization of public accountant verification of long-term and short-term liabilities. The analytical procedures that public accountants are expedient to use for realization of audit of short-term and long-term obligations are determined. The authors suggest the classification of the educed defects on the results of the conducted public accountant verification of short-term and long-term obligations.

  14. 48 CFR 252.247-7007 - Liability and insurance.

    Science.gov (United States)

    2010-10-01

    ... harmless from, bodily injury and death of persons, resulting either in whole or in part from the negligence..., contributed jointly with the fault or negligence of the Contractor in causing such damage, injury, or death...-insurer under applicable provision of law. (2) Bodily injury liability insurance in an amount of not less...

  15. 26 CFR 1.357-1 - Assumption of liability.

    Science.gov (United States)

    2010-04-01

    ...) Tax avoidance purpose. The benefits of section 357(a) do not extend to any exchange involving an... exchange (and not merely a particular liability with respect to which the tax avoidance purpose existed... Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY (CONTINUED) INCOME TAX (CONTINUED...

  16. Translating guilt: Identifying leadership liability for mass atrocity crimes

    NARCIS (Netherlands)

    Steer, C.E.

    2014-01-01

    The truism that crimes of mass atrocity are by definition collective may be one of the greater banes of criminal law lawyers attempting to solve the problem of liability. Collective crimes are familiar to all domestic criminal law systems, however the context in which mass atrocity takes place is

  17. 75 FR 68534 - Federal Home Loan Bank Liabilities

    Science.gov (United States)

    2010-11-08

    ... combine provisions now found in the Finance Board regulations part 965, Sources of Funds, and part 969... FEDERAL HOUSING FINANCE BOARD 12 CFR Parts 965, 966, 969, and 987 FEDERAL HOUSING FINANCE AGENCY 12 CFR Part 1270 RIN 2590-AA36 Federal Home Loan Bank Liabilities AGENCY: Federal Housing Finance...

  18. The Campus Executive's Role in Security and Liability Issues.

    Science.gov (United States)

    Bromley, Max; Territo, Leonard

    1986-01-01

    Executives at institutions of higher education have become increasingly concerned about serious crimes being committed on their campuses. The liability issue, criminal activity information, physical security and design issues, student patrol escorts, crime prevention training, and task force development are discussed. (MLW)

  19. Counselor Liability for Failing to Report Child Abuse.

    Science.gov (United States)

    Knapp, Samuel

    1983-01-01

    Describes the laws regarding counselor liability for failure to report child abuse and state laws designating mandated reporters of suspected child abuse. Notes how the law protects mandated reporters. Discusses criminal penalties for those who fail to report suspected abuse. (RC)

  20. Criminal Liability of Political Decision-Makers in the Netherlands

    NARCIS (Netherlands)

    Geelhoed, Willem; Zimmermann, Frank

    2017-01-01

    Dutch criminal law does not provide for criminal liability for a political decision-maker who decides to build a bridge, if thereafter the project runs out of control or the bridge appears not to justify the funds spent on the project. This is most probably even the case if the decision-maker knew

  1. Criminal Liability of Managers for Excessive Risk-Taking?

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

    The aim of the thesis was to analyse and evaluate the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its

  2. Hospital exclusion clauses limiting liability for medical malpractice ...

    African Journals Online (AJOL)

    In 2002 the Supreme Court of Appeal ruling in Afrox Healthcare Beperk v. Strydom held that the common law allows hospitals to exclude liability for medical malpractice resulting in death or physical or psychological injury – except in the case of gross negligence. The effect of this judgment has now been superseded by the ...

  3. 78 FR 49242 - Relief From Joint and Several Liability

    Science.gov (United States)

    2013-08-13

    ... 66(c) allows the requesting spouse to avoid liability for tax on community income of which the... is added to Sec. 1.66-4(j)(2)(ii) for claims for equitable relief from the Federal income tax... amended as follows: PART 1--INCOME TAXES 0 Paragraph 1. The authority citation for part 1 continues to...

  4. A Spectrum of Liabilities for Off-Campus Housing

    Science.gov (United States)

    Cormier, Mary-Pat

    2015-01-01

    The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was…

  5. 16 CFR 240.13 - Customer's and third party liability.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Customer's and third party liability. 240.13 Section 240.13 Commercial Practices FEDERAL TRADE COMMISSION GUIDES AND TRADE PRACTICE RULES GUIDES FOR ADVERTISING ALLOWANCES AND OTHER MERCHANDISING PAYMENTS AND SERVICES § 240.13 Customer's and third party...

  6. 26 CFR 1.461-2 - Contested liabilities.

    Science.gov (United States)

    2010-04-01

    ... return on the basis of a calendar year and uses an accrual method of accounting. Y's real property taxes... plaintiffs in 2004. (f) Treatment of money or property transferred to an escrowee, trustee, or court and... transfers money or other property to provide for the satisfaction of the asserted liability, (iii) The...

  7. Reasonable Foreseeability and Liability in Relation to Genetically Modified Organisms

    Science.gov (United States)

    Khoury, Lara; Smyth, Stuart

    2007-01-01

    This article examines problems that may arise when addressing liability resulting from the genetic modification of microbes, animals, and plants. More specifically, it evaluates how uncertainties relating to the outcomes of these biotechnological innovations affect--or may affect--the courts' application of the reasonable foreseeability…

  8. 31 CFR 223.9 - Valuation of assets and liabilities.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Valuation of assets and liabilities. 223.9 Section 223.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE SURETY COMPANIES DOING BUSINESS...

  9. 40 CFR 80.23 - Liability for violations.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 16 2010-07-01 2010-07-01 false Liability for violations. 80.23 Section 80.23 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR PROGRAMS... on the pump stand or is displayed at the retail outlet or wholesale purchaser-consumer facility from...

  10. 48 CFR 1327.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright infringement liability. 1327.201 Section 1327.201 Federal Acquisition Regulations System DEPARTMENT OF COMMERCE GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1327.201 Patent and...

  11. SHORT METHODOLOGICAL CONSIDERATIONS REGARDING THE LEGAL LIABILITY CONCEPT

    Directory of Open Access Journals (Sweden)

    Gabriela Popescu

    2014-11-01

    Full Text Available Various disputes and discussion regarding legal liability have not yet lead to a unitary definition of the same, each theory utilizing specific categories and notions that allow the achievement of an analysis of its research object in an own language, which renders the researcher’s task even more difficult.

  12. The governance of publicly traded limited liability companies

    NARCIS (Netherlands)

    Gomtsyan, S.

    The limited liability company is not only a widespread business form for non-listed firms but also is used by listed companies. There were 20 publicly traded Delaware LLCs in September 2013. Given the policy of the Delaware legislators and courts to give a maximum effect to the principle of freedom

  13. A stochastic-programming approach to integrated asset and liability ...

    African Journals Online (AJOL)

    This increase in complexity has provided an impetus for the investigation into integrated asset- and liability-management frameworks that could realistically address dynamic portfolio allocation in a risk-controlled way. In this paper the authors propose a multi-stage dynamic stochastic-programming model for the integrated ...

  14. 29 CFR 4281.18 - Outstanding claims for withdrawal liability.

    Science.gov (United States)

    2010-07-01

    ... INSOLVENCY, REORGANIZATION, TERMINATION, AND OTHER RULES APPLICABLE TO MULTIEMPLOYER PLANS DUTIES OF PLAN... in insolvency proceedings. The plan sponsor shall value an outstanding claim for withdrawal liability... title 11, United States Code, or any case or proceeding under similar provisions of state insolvency...

  15. Nuclear liability insurance: a resume of recent years

    International Nuclear Information System (INIS)

    Marrone, J.

    1975-01-01

    The nuclear liability-insurance pools have steadily increased nuclear liability insurance available to the nuclear industry to its present $125 million, which is more than double the $60 million first provided in 1957. The insurance pools also provide an additional $175 million of all-risk property insurance to protect against loss of property at a nuclear facility, for a total of $300 million. This amount of liability and property insurance available for nuclear risks exceeds the coverage the insurance industry has at risk anywhere on a single unit of risk, thus attesting to the confidence in nuclear safety. The extraordinary safety achieved and recorded by the loss experience of the nuclear pools is described. The insurance pools have proposed a change in the Price--Anderson Act which would provide substantial additional sums of nuclear liability insurance to protect the public and which is likely to be the subject of examination by Congress during 1975. The proposal, if implemented, will gradually increase the protection afforded to the public and virtually eliminate the role of government indemnity. (auth)

  16. Vienna convention on civil liability for nuclear damage

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-03-20

    The Vienna Convention on Civil Liability for Nuclear Damage was adopted on 21 May 1963 and was opened for signature on the same day. It entered into force on 12 November 1977, i.e. three months after the date of deposit with the Director General of the fifth instrument of ratification, in accordance with Article 23.

  17. A critical review of the Chilean civil nuclear liability regime

    International Nuclear Information System (INIS)

    Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

    2013-01-01

    This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

  18. They're Suing Us? Liability and Risk Management.

    Science.gov (United States)

    Hollander, Patricia A.

    1982-01-01

    Legal issues in liability for and prevention of injuries through negligence are discussed: proving negligence, who is owed a duty of care, who may be sued, remedies, risk management (shifting risk, insurance, indemnification, waivers and releases), and preventing claims (warning of known danger, proper supervision, school maintenance, security,…

  19. SHORT METHODOLOGICAL CONSIDERATIONS REGARDING THE LEGAL LIABILITY CONCEPT

    OpenAIRE

    Gabriela Popescu; Silviu Jîrlăianu

    2014-01-01

    Various disputes and discussion regarding legal liability have not yet lead to a unitary definition of the same, each theory utilizing specific categories and notions that allow the achievement of an analysis of its research object in an own language, which renders the researcher’s task even more difficult.

  20. The Brussels I Regulation and Liability for Nuclear Damage

    International Nuclear Information System (INIS)

    Handrlica, J.

    2010-01-01

    Prior to 2004, the map of the European Union seemed to be basically identical to the map of the contracting parties to the Paris Convention on Third Party Liability in the Field of Nuclear Energy of 1960 ('the Paris Convention'). The 2004 and 2007 enlargements were mainly composed of the contracting parties to the Vienna Convention on Civil Liability for Nuclear Damage of 1963 ('the Vienna Convention'). In various discussions, the term 'nuclear liability patchwork' is used to describe this existing situation. One of the problems arising from this 'patchwork' is that, while a uniform legal framework was established for matters of jurisdiction and the enforcement of decisions under the authority given to the European Union ('EU') by the Council Regulation on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters ('Brussels Regulation'), this overall framework does not apply to particular matters governed by the special conventions to which member states may be contracting parties, see Article 71 of the Brussels Regulation. This paper aims to outline the 'patchwork' of these rules that are applicable to nuclear third party liability cases in the EU and to point out the main consequences arising from this legal framework difficult to comprehend.5 Its scope, however, is limited to the legal issues arising from a nuclear incident occurring in a nuclear installation situated within the territory of the European Union

  1. Pension Fund Asset Allocation and Liability Discount Rates

    NARCIS (Netherlands)

    Andonov, Aleksandar; Bauer, Rob; Cremers, Martijn

    2017-01-01

    The unique regulation of U.S. public pension funds links their liability discount rate to the expected return on assets, which gives them incentives to invest more in risky assets in order to report a better funding status. Comparing public and private pension funds in the United States, Canada, and

  2. Analysis Brazilian preference shares: financial liabilities or equity instruments?

    Directory of Open Access Journals (Sweden)

    Diana Lucia de Almeida

    2016-05-01

    Full Text Available The Brazilian preference shares, in general, except when they present specific features, such as mandatory redemption and cumulative dividends, meet the accounting definition of equity instruments. However, the scientific literature believes that those shares that do not have discretion to avoid the delivery of cash must be classified as financial liabilities. In a context in which remain differences of understanding of their proper accounting treatment, the following question arises: preferred shares of Brazilian companies are being recognized in the financial statements in accordance with the theoretical and normative precepts? Thus, the aim of this study is to verify if the preference shares of Brazilian companies have been recognized in the financial statements for according to the scientific literature and accounting standards. Through content analysis, we analyzed the information of 157 companies listed on BM&FBOVESPA. The results show that 155 companies classify its preference shares as equity instruments and two as financial liabilities. These two companies, as well as 149 of those which qualify as equity instruments, are treating them properly in its accounting. The other six companies should present its preference shares as liabilities, given the absence of discretion to avoid cash delivery, feature present in financial liabilities, unlike equity instruments. It is noticed that, unlike what happens, for instance, in the US market, it is not possible to classify all Brazilian preference shares as a financial liability, since, in Brazil , they are used in different legal format of those widely found in that market. Moreover, almost all of the analyzed shares have essential features for classification as equity instruments. Hence, the importance of analysis of the economic essence of each instrument, thus, enabling the appropriate accounting treatment in the financial statements.

  3. Determination of trace aluminum concentration and homogeneity in biological material TORT-1 by instrumental neutron activation and graphite furnace atomic absorption spectrometry

    International Nuclear Information System (INIS)

    Kratochvil, B.; Motkosky, N.; Duke, M.J.M.; Ng, D.

    1987-01-01

    The biological reference material TORT-1, lobster hepatopancreas, was analyzed for aluminum by instrumental neutron activation analysis (INAA) and graphite furnace atomic absorption spectroscopy (GFAAS). After correction of the INAA results for interferences from 28 Al produced by 31 P(n,α) 28 Al and 28 (n,p) 28 Al reactions, and use of HNO 3 plus HF for sample dissolution for the GFAAS analyses, the methods gave similar results of 43 ± 3 and 42 ± 2 μg/g respectively for 200 to 300-mg test portions. Analysis of six portions from each of six bottles of TORT-1 showed no statistical difference at the 95% confidence level for the between and within bottle variances. Therefore, The material can be considered homogeneous for aluminum if 200- to 300-mg test portions are taken. The variance was greater and the average lower when 30-mg test portions were analyzed for aluminum by GFAAS. The pattern of the results, together with the need for HF in the dissolution procedure, suggests the presence of aluminum-containing microparticulate mineral matter, perhaps silicate material, in the material

  4. Determination of trace aluminum concentration and homogeneity in biological material TORT-1 by instrumental neutron activation and graphite furnace atomic absorption spectrometry

    Energy Technology Data Exchange (ETDEWEB)

    Kratochvil, B; Motkosky, N; Duke, M J.M.; Ng, D

    1987-05-01

    The biological reference material TORT-1, lobster hepatopancreas, was analyzed for aluminum by instrumental neutron activation analysis (INAA) and graphite furnace atomic absorption spectroscopy (GFAAS). After correction of the INAA results for interferences from /sup 28/Al produced by /sup 31/P(n,..cap alpha..)/sup 28/Al and /sup 28/(n,p)/sup 28/Al reactions, and use of HNO/sub 3/ plus HF for sample dissolution for the GFAAS analyses, the methods gave similar results of 43 +- 3 and 42 +- 2 ..mu..g/g respectively for 200 to 300-mg test portions. Analysis of six portions from each of six bottles of TORT-1 showed no statistical difference at the 95% confidence level for the between and within bottle variances. Therefore, The material can be considered homogeneous for aluminum if 200- to 300-mg test portions are taken. The variance was greater and the average lower when 30-mg test portions were analyzed for aluminum by GFAAS. The pattern of the results, together with the need for HF in the dissolution procedure, suggests the presence of aluminum-containing microparticulate mineral matter, perhaps silicate material, in the material.

  5. Civil liability for nuclear damage: selected questions connected with the revision of the Vienna Convention

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    This paper concentrates on certain issues raised by the revision of the Vienna Convention. After a general theoretical review of the risk of and the responsibility for nuclear activities in the existing international civil liability regime, the author analyzes the concept of liability, its extent - whether nuclear liability can be absolute and refers to the possible exonerations - and the channelling of risk and liability in this field. The potential sources of compensation and funds for the operator's liability are also taken into consideration. The author also proposes several solutions taking into account the similar systems already established by other international conventions in force, mainly in the maritime field. 14 refs

  6. Tortícolis muscular congénita: punto de vista del cirujano plástico

    Directory of Open Access Journals (Sweden)

    F.J. Villegas-Alzate

    2014-03-01

    Full Text Available La tortícolis muscular congénita es una entidad frecuente, presente al nacimiento como una banda fibrosa o tumor en la región del músculo esternocleidomastoideo, que produce cambios restrictivos reflejados en trastornos progresivos del crecimiento y posición de la cabeza y en la rotación y flexión del cuello. El diagnóstico y tratamiento oportunos con fisioterapia y aparatología pueden evitar su secuencia de asimetría craneofacial y daño ocular, de difícil corrección una vez instaurados. Los casos que no responden al tratamiento médico inicial se benefician de cirugía. Presentamos la experiencia quirúrgica con 16 pacientes entre 9 y 32 años con seguimiento de entre 10 semanas y 15 años. El tratamiento quirúrgico consistió en 3 tenotomías de las inserciones del músculo esternocleidomastoideo a través de abordaje directo por dos incisiones pequeñas. Cuantificamos la mejoría de la posición de la cabeza por mediciones angulares en las fotografías pre y postoperatorias en vistas anterior y posterior, demostrando correcciones de entre el 53 y el 100% con promedio del 83% . En algunos casos medimos la movilidad del cuello con un transportador de ángulos confeccionado en consulta. En todos los casos logramos mejoría sustancial, sin complicaciones y con cicatrices aceptables; la columna lateral del cuello en el sitio del músculo seccionado recuperó su continuidad, sin percepción de corte abrupto, depresión o hundimiento. No observamos correlación entre la mejoría lograda y la severidad de la deformidad, ni tampoco con la edad del paciente en el momento de la cirugía, ya que a pesar de que en algunos casos había finalizado el crecimiento y el estado era avanzado, la mejoría fue buena.

  7. CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE

    Directory of Open Access Journals (Sweden)

    Gârbo Viorica Irina

    2013-07-01

    Full Text Available Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the

  8. Nuclear insurance and third-party liability. An overview

    Energy Technology Data Exchange (ETDEWEB)

    Rashid, Nahrul Khair

    1986-04-01

    As for any other insurance policy, nuclear insurance involves two parties, the insurer and the insured. The coverage provided for can be against any misfortune or peril; material or physical losses, financial losses, third party liability or even the insured himself as in the case of life or personal insurance. In property and liability insurance, the element of certainty does not exist. Accidents cannot be predicted, the insured will only be able to financially recover the present worth of the property insured as evaluated at the time of the accident and to the extent of the damage arising from the event insured against, which in most cases will be lower than the full value of the property.

  9. Insurance of liability for the transport of nuclear materials

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1975-01-01

    The legal principle governing civil liability for damage involving nuclear substances in course of carriage are summarized, and the main aspects of the French nuclear insurance market are analysed. The financial capacity of insurance and the role of the Atomic Pool as an aid in this respect as well as its use as a mechanism for reinsurance are also discussed. As regards the insured party, cases are reviewed where the principle of the sole liability of the operator is inapplicable. Arguments are put forward demonstrating that acknowledgement of a plurality of insured persons would not necessarily lead to an increase of insurance costs. Finally, a review is made of the nature and extent of the damage covered according to whether such damage is caused to persons or property [fr

  10. Finance issue brief: insurer liability: year end report-2003.

    Science.gov (United States)

    MacEachern, Lillian

    2003-12-31

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  11. Finance issue brief: insurer liability: year end report-2002.

    Science.gov (United States)

    Morgan, Rachel; MacEachern, Lillian

    2002-12-31

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  12. GENERAL CONSIDERATIONS ON THE DISCIPLINARY LIABILITY OF ARCHITECTS

    Directory of Open Access Journals (Sweden)

    Andra PURAN

    2014-05-01

    Full Text Available As well as other liberal professions in Romania, also the profession as an architect is regulated by special norms, the Law No 184/2001, whose provisions are amended by the Rules governing the functioning and organization of the Romanian Order of Architects and the Code of Ethics of Architects. The specificity of the disciplinary liability of the architects towards the common law is given by specific sanctions, by the authorities competent in performing the disciplinary investigation of the disciplinary offences, as well as by the specific procedural rules. The present study aims to offer a brief analysis of these aspects which differentiate the disciplinary liability of architects towards that of the employees performing their activities under an employment contract.

  13. Legal Duties and Legal Liabilities of Coaches toward Athletes

    Directory of Open Access Journals (Sweden)

    Mirsafian Hamidreza

    2016-03-01

    Full Text Available Background. It is undeniable that coaches play a major role in the development of athletes. Coaches and athletes have a close relationship and share various experiences that lead to a strong bond between them, and this is of great responsibility for the coach. Therefore, the coach should maintain this bond with mutual respect and trust. Various responsibilities are progressively placed on coaches by law to prevent or minimize injuries to athletes. In other words, since a coach is placed in a position of power and trust, the duty of care will always be placed on him. If certain requirements are not met, the coach may be held financially, or even criminally, liable. In this study, the author explains and discusses coaches’ legal duties, legal liabilities, and the elements required for liability of coaches toward athletes.

  14. Liability for damage caused by medical X-ray treatment

    International Nuclear Information System (INIS)

    1977-01-01

    A case of liability for damage caused by X-ray medical treatment was recently brought before the courts in Norway. Following a mistake by the physician handling the X-ray apparatus the plaintiff had received an overdose of radiation on her nose and a lengthy and expensive plastic surgery treatment had been required to repair the damage. The local court of Aalesund ruled in April 1975 that the physician concerned had committed a fault but could not be accused of gross negligence or gross fault in view of Norwegian case law on medical liability. Therefore the plaintiff obtained compensation for her medical expenses but was refused compensation for non-material damage (disfigurement and pretium doloris). (NEA) [fr

  15. Nuclear waste management, reactor decommisioning, nuclear liability and public attitudes

    International Nuclear Information System (INIS)

    Green, R.E.

    1982-01-01

    This paper deals with several issues that are frequently raised by the public in any discussion of nuclear energy, and explores some aspects of public attitudes towards nuclear-related activities. The characteristics of the three types of waste associated with the nuclear fuel cycle, i.e. mine/mill tailings, reactor wastes and nuclear fuel wastes, are defined, and the methods currently being proposed for their safe handling and disposal are outlined. The activities associated with reactor decommissioning are also described, as well as the Canadian approach to nuclear liability. The costs associated with nuclear waste management, reactor decommissioning and nuclear liability are also discussed. Finally, the issue of public attitudes towards nuclear energy is addressed. It is concluded that a simple and comprehensive information program is needed to overcome many of the misconceptions that exist about nuclear energy and to provide the public with a more balanced information base on which to make decisions

  16. 1986 Agreement on third party liability in the nuclear field

    International Nuclear Information System (INIS)

    1986-01-01

    This Agreement intends to facilitate the settlement of disputes, if they are due to an event (caused by the peaceful utilisation of nuclear energy) which occurs on the territory of one State and gives rise to damage on the territory of the other State. Unlike the Federal Republic of Germany, Switzerland has neither ratified the Paris Convention of 29th July 1960 on Third Party Liability in the Field of Nuclear Energy nor the Brussels Supplementary Convention of 31st January 1963. This might result in diverging interpretations by the German and Swiss courts, in particular, regarding the competent courts and the laws applicable if a third party liability problem were to arise between both countries. The Agreement therefore aims to settle these matters directly by treaty between the States before the courts are confronted by an occurrence of damage and have to seek a solution which conforms to international private law. (NEA) [fr

  17. Paris and Vienna nuclear liability conventions: challenges for insurers

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2004-01-01

    Insurers have actively contributed to the negotiations on the revision of the Vienna Convention on Civil Liability for Nuclear Damage and the Paris Convention on Third Party Liability in the Field of Nuclear Energy. In the course of these negotiations they have pointed out that some of the proposals for revision may have consequences for insurers and could prove incapable of finding insurance support. This paper aims at explaining the revision related points, which could cause problems in respect of insurability. Furthermore, the writer takes the liberty to expand its scope to more generally include developments, which have the potential to influence the availability of insurance capacity. Therefore, also the insurance implications of terrorist acts combined with share market developments of recent years will be dealt with.(author)

  18. THE CHILD OFFENDER UNDER THE AGE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Niculina KARACSONY

    2015-04-01

    Full Text Available At European level crime among children represents a contemporary issue and in Romania, the philosophy of the new penal code approved by Law No 286/2009 is shaped around punishment. Prevention policy in Romania and juvenile justice objectives relative to age criteria outlines two different legal manners to address children's liability under the law. One is targeting the category of children between 0 and 14 years of age, which consideres the absolute inability of criminal responsibility and one that provides criminal liability starting from the age of 14. The sensitivity of the issue of children involved in unlawfull acts and the inventory of responses to it brought me to the necessity of research the types of approach and diversity of social services built around this target group.

  19. Liability for oil spill damages: issues, methods, and examples

    International Nuclear Information System (INIS)

    Grigalunas, T.A.; Opaluch, J.J.; Diamantides, J.; Mazzotta, M.

    1998-01-01

    Liability is an important incentive-based instrument for preventing oil spills and provides a sustainable approach for restoring coastal resources injured by spills. However, the use of liability for environmental damages raises many challenges, including quantification of money measures of damages. In this article, case studies are used to illustrate the issues, methods, and challenges associated with assessing a range of damages, from those that can be measured relatively easily using market information to more 'esoteric', and much more difficult, cases involving non-market-valued losses. Also discussed are issues raised by the new national and international regulatory focus on restoration and by the simplified, compensatory formula used by some states. (author)

  20. International nuclear liability conventions: status and possible changes

    International Nuclear Information System (INIS)

    Reyners, Patrick.

    1978-01-01

    The table of ratifications and accessions annexed to this paper shows that despite the considerable progress achieved these past years and the entry into force of the Vienna Convention, the number of Contracting Parties to the Nuclear Civil Liability Conventions remains insufficient. The adaptation of the first of these Conventions - the Paris Convention - as well as its Brussels Supplementary Convention to the technical and economic developments which have taken place since their adoption should provide the means for encouraging their implementation at international level. The main amendments which are envisaged are replacement of the present unit of account by the Special Drawing Right, the increase of the amounts of liability and compensation and finally, the technical scope of the Paris Convention. (NEA) [fr

  1. Premium Pricing of Liability Insurance Using Random Sum Model

    OpenAIRE

    Kartikasari, Mujiati Dwi

    2017-01-01

    Premium pricing is one of important activities in insurance. Nonlife insurance premium is calculated from expected value of historical data claims. The historical data claims are collected so that it forms a sum of independent random number which is called random sum. In premium pricing using random sum, claim frequency distribution and claim severity distribution are combined. The combination of these distributions is called compound distribution. By using liability claim insurance data, we ...

  2. It was just a joke: improper comments and practice liability.

    Science.gov (United States)

    Gregg, Robert E

    2013-01-01

    There can be a fine line between humor and harassment, and that line is now frequently explored in litigation. A racial, sexual, or ethnic joke or bullying comment is not nearly as funny in the courtroom as it was in the break room. In addition, a practice's owner or partner can be utterly undefendable. This article casts light on crucial issues of workplace humor, banter, and liability.

  3. Introduction to the French legislation dealing with nuclear financial liabilities

    International Nuclear Information System (INIS)

    Maocec, Ch.; Olivier, M.

    2008-01-01

    This paper aims at describing the new legal frame that has been set in France by law to face the issue of the financial liabilities of the nuclear industry, i.e. financing of the decommissioning and of the long term management of spent fuel and radioactive waste. An Act has been passed, dated 28 June 2006 (waste law), for a sustainable management of radioactive material and waste, which, in particular, implies new financial duties for nuclear operators. (authors)

  4. Basic Study on Term of Warranty Liability for Miscellaneous Work

    Science.gov (United States)

    Park, Junmo; Seo, Deokseok

    2017-10-01

    In Korea, defect lawsuits for apartment buildings, the most common housing style, are becoming a social issue. Among various issues in defect lawsuits, warranty of liability is very important. This is because the business entities are responsible for assuring the maintenance of the defects during this period, and at the same time, the residents can request fair compensation for the defects. However, provisions on the term of warranty of liability provided in the current Housing Act were made 40 years ago when the social basis were weak. Thus, it does not have any rational foundation. In order to improve these problems, basic research on the warranty of liability by major types of apartments is needed. In this study, the defect cases for miscellaneous works of apartments were examined and analyzed. Miscellaneous work consists of ondol work, kitchenware work, indoor and outdoor equipment work, and metallic work. Among them, kitchenware work and metallic work showed a lot of defects. On the other hand, warranty of liability covers up to 10 years in total. The defect occurrence for the entire miscellaneous work showed a tendency to concentrate in the first and the second year. It is the third year that the total defects reach 95%, and the fourth year that exceeds 99%. The ondol work, indoor and outdoor equipment work and metallic work had this tendency. On the other hand, for kitchenware work, it is the third year that the defect occurrence reaches 99%, and it implies that the defect tends to occur more quickly than in other detailed works.

  5. Traceability, Liability, and Incentives for Food Safety and Quality

    OpenAIRE

    Sébastien Pouliot; Daniel A. Sumner

    2008-01-01

    Recent food scares such as the discoveries of Bovine Spongiform Encephalopathy and E. coli-contaminated spinach have heightened interest in food traceability. Here, we show how exogenous increases in food traceability create incentives for farms and marketing firms to supply safer food by increasing liability costs. We model a stylized marketing chain composed of farms, marketers, and consumers. Unsafe food for consumers can be caused by either marketers or farms. We show that food safety dec...

  6. Nuclear liability legislation in Russia - current status and expected developments

    International Nuclear Information System (INIS)

    Karpov, A. E.; Borisov, D. G.

    2000-01-01

    Present report is provided by the experts of the Russian insurance business, a company member of the Russian Nuclear Pool, and not the experts of the Ministry of Atomic Energy of Russian Federation (RF Minatom). Considering the above, the following document will outline the current status of nuclear liability legislation and insurance in Russia from a viewpoint of the insurance companies and not RF Minatom. (author)

  7. Observation Status, Poverty, and High Financial Liability Among Medicare Beneficiaries.

    Science.gov (United States)

    Goldstein, Jennifer N; Zhang, Zugui; Schwartz, J Sanford; Hicks, LeRoi S

    2018-01-01

    Medicare beneficiaries hospitalized under observation status are subject to cost-sharing with no spending limit under Medicare Part B. Because low-income status is associated with increased hospital use, there is concern that such beneficiaries may be at increased risk for high use and out-of-pocket costs related to observation care. Our objective was to determine whether low-income Medicare beneficiaries are at risk for high use and high financial liability for observation care compared with higher-income beneficiaries. We performed a retrospective, observational analysis of Medicare Part B claims and US Census Bureau data from 2013. Medicare beneficiaries with Part A and B coverage for the full calendar year, with 1 or more observation stay(s), were included in the study. Beneficiaries were divided into quartiles representing poverty level. The associations between poverty quartile and high use of observation care and between poverty quartile and high financial liability for observation care were evaluated. After multivariate adjustment, the risk of high use was higher for beneficiaries in the poor (Quartile 3) and poorest (Quartile 4) quartiles compared with those in the wealthiest quartile (Quartile 1) (adjusted odds ratio [AOR], 1.21; 95% confidence interval [CI], 1.13-1.31; AOR, 1.24; 95% CI, 1.16-1.33). The risk of high financial liability was higher in every poverty quartile compared with the wealthiest and peaked in Quartile 3, which represented the poor but not the poorest beneficiaries (AOR, 1.17; 95% CI, 1.10-1.24). Poverty predicts high use of observation care. The poor or near poor may be at highest risk for high liability. Copyright © 2018 Elsevier Inc. All rights reserved.

  8. Legal liability and claims for the hotel industry

    OpenAIRE

    Dimcho Todorov

    2017-01-01

    The paper presents a review of various aspects of legal liability and claims to hotel management arising in the hotel industry in the context of the legal framework and possible legal consequences for hotels and other types of commercial accommodation establishments. The main reasons for accidents' occurrence in the hotel industry are chronologically traced. Possible claims to the hotel management are also presented in detail. The problem with workplace discrimination, which is considered as ...

  9. The hidden carbon liability of Indonesian palm oil

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-05-15

    This report highlights the urgent need for global palm oil consumers and investors to support Unilever's call for an immediate moratorium on deforestation and peatland clearance in Indonesia. This report focuses on Unilever, which shares major institutional investors with other leading corporations including Nestle, Procter and Gamble and Kraft. Not only do these corporations share investors, they also share growing carbon liability within their raw material supply chains through the expansion in the palm oil sector in Indonesia. Unilever has recognised the global problems associated with palm oil expansion and the need for drastic reform to this sector. Unilever has taken a bold move in calling for an immediate moratorium on deforestation and peatland clearance. While Unilever's position is strengthened by its status as the largest palm oil consumer in the world, this report shows how, unless companies like Nestle, Procter and Gamble and Kraft support its call for a halt to deforestation, the palm oil industry will continue to present a massive carbon liability over the coming years. This report uses Unilever's palm oil supply chains as a case study to help quantify the carbon liability and collateral risks associated with the Indonesian palm oil sector. It shows how, by buying palm oil from suppliers who account for more than one-third of Indonesia's palm oil production, Unilever and its competitors are increasing their potential carbon liability and thus leaving investors exposed to potentially significant levels of hidden risk, compromising long-term financial and brand stability.

  10. Endorsement liability: putting your good name at risk.

    Science.gov (United States)

    Aicher, R H

    2001-07-01

    Endorsements designed to sell products are most effective when the endorser is a celebrity or an expert. If such endorsements contain misrepresentations, the endorser risks personal liability. For products related to health and safety, endorsements are subject to evaluation by reliable independent sources. In a number of high-profile cases, the Federal Trade Commission determined that endorsers must have a reasonable basis for their representations. (Aesthetic Surg J 2001;21:373-374.).

  11. Analysis Brazilian preference shares: financial liabilities or equity instruments?

    OpenAIRE

    Diana Lucia de Almeida; Patricia de Souza Costa; Eliseu Martins

    2016-01-01

    The Brazilian preference shares, in general, except when they present specific features, such as mandatory redemption and cumulative dividends, meet the accounting definition of equity instruments. However, the scientific literature believes that those shares that do not have discretion to avoid the delivery of cash must be classified as financial liabilities. In a context in which remain differences of understanding of their proper accounting treatment, the following question arises: pre...

  12. Petroleum exclusion under CERCLA: A defense to liability

    International Nuclear Information System (INIS)

    Landreth, L.W.

    1991-01-01

    When CERCLA was originally passed in 1980, the petroleum industry lobbied successfully to exclude the term open-quotes petroleumclose quotes from the definition of a CERCLA section 101 (14) hazardous substance. Under CERCLA section 101 (33), petroleum is also excluded from the definition of a open-quotes pollutant or contaminant.close quotes Exclusion from the designation as a defined hazardous substance has provided a defense to liability under CERCLA section 107 when the release of petroleum occurs. The scope of the petroleum exclusion under CERCLA has been a critical and recurring issue arising in the context of Superfund response activities. Specifically, oil that is contaminated by hazardous substances during the refining process is considered open-quotes petroleumclose quotes under CERCLA and thus excluded from CERCLA response authority and liability unless specifically listed under RCRA or some other statute. The U.S. EPAs position is that contaminants present in used oil, or any other petroleum substance, do not fall within the petroleum exclusion. open-quotes Contaminants,close quotes as discussed here, are substances not normally found in refined petroleum fractions or present at levels which exceed those normally found in such fractions. If these contaminants are CERCLA hazardous substances, they are subject to CERCLA response authority and liability. This paper discusses the parameters of the CERCLA open-quotes Petroleum Exclusion.close quotes It briefly examines selected state laws, RCRA, the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) for treatment of petroleum and petroleum products. And, finally, this paper discusses new legislation regarding oil pollution liability and compensation

  13. Liability versus innovation: the legal case for regenerative medicine.

    Science.gov (United States)

    Keren-Paz, Tsachi; El Haj, Alicia J

    2014-10-01

    Medical innovation occupies a position somewhere between standard practice and clinical research, but innovation is primarily intended to benefit an individual patient where standard treatment fails. Medical innovations in the area of regenerative medicine have the potential to completely transform medical practice, but rely upon some major revision to the nature of treatments beyond drug-based therapies. There is considerable investment in scientific and clinical research, but further attention could be paid to legal barriers to medical innovation imposed by the threat of medical malpractice. We survey in this article the legal framework for making determinations of medical malpractice in general, and highlight the issues specific to innovative treatments. In essence, liability could be imposed for failing to adequately inform the patient about the innovative nature of the suggested therapy or based on the fact that the risks outweighed the benefits. As for the latter, we examine whether liability is likely to be based merely on deviating from existing practice or on an examination on the merits of the treatments' risks and benefits. The facts that some risks are unforeseeable and some benefits are external to the patient complicate negligence determinations. The first fact relates to the problem of judging adverse events in hindsight; the second, to the obligation to make decisions based on the patient's best interest and avoid conflict of interests. In addition, we evaluate the relationship between the obligations to secure the patient's informed consent and to avoid clinical negligence. We identify the need for further research to examine the significance of the putative anti-innovation bias that current liability regimen has, and to examine whether a move to strict liability might avoid such bias, while being fair to patients who contribute for the advancement of medical knowledge by participating in innovative therapies.

  14. The concept of ''pollution damage'' in the maritime conventions governing liability and compensation for oil spills

    International Nuclear Information System (INIS)

    Jacobsson, M.

    2000-01-01

    Compensation for pollution damage caused by spills from oil tankers is governed by an international regime elaborated under the auspices of the International Maritime Organization (I.M.O.). The framework for the regime was originally by the 1969 International Convention on Civil Liability for Oil Pollution Damage (1969 Civil liability convention) and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971 Fund Convention). This old regime was amended in 1992 by two protocols, and the amended Conventions are known as 1992 Civil Liability Convention and the 1992 Fund Convention. The Civil Liability conventions govern the liability of ship-owners for oil pollution damage. The Conventions lay down the principle of strict liability for ship-owners and create a system of compulsory liability insurance. The ship-owner is normally entitled to limit his liability to an amount which is linked to the tonnage of his ship. The regime of liability and the funds created by the 1971 and 1992 Conventions are analyzed in detail. Are studied as following: the concepts of pollution damage and the safeguard measures or preventive measures, the question of receivability for compensation demands (damage to properties, cleansing operations, costs, economic loss). The question of compensation conditions for the only economic loss and the damage to environment are tackled. This expose is concluded by enlightening the contribution brought by the previously named Conventions to the International law about the civil liability. (N.C.)

  15. Computing the Algebraic Immunity of Boolean Functions on the SRC-6 Reconfigurable Computer

    Science.gov (United States)

    2012-03-01

    INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE...BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR...additional amount of logic and delay is negligible for a four-input transeunt triangle, the increases become overwhelming for significantly larger

  16. The evaluation of the abuse liability of drugs.

    Science.gov (United States)

    Johanson, C E

    1990-01-01

    In order to place appropriate restrictions upon the availability of certain therapeutic agents to limit their abuse, it is important to assess abuse liability, an important aspect of drug safety evaluation. However, the negative consequences of restriction must also be considered. Drugs most likely to be tested are psychoactive compounds with therapeutic indications similar to known drugs of abuse. Methods include assays of pharmacological profile, drug discrimination procedures, self-administration procedures, and measures of drug-induced toxicity including evaluations of tolerance and physical dependence. Furthermore, the evaluation of toxicity using behavioural end-points is an important component of the assessment, and it is generally believed that the most valid procedure in this evaluation is the measurement of drug self-administration. However, even this method rarely predicts the extent of abuse of a specific drug. Although methods are available which appear to measure relative abuse liability, these procedures are not validated for all drug classes. Thus, additional strategies, including abuse liability studies in humans, modelled after those used with animals, must be used in order to make a more informed prediction. Although there is pressure to place restrictions on new drugs at the time of marketing, in light of the difficulty of predicting relative abuse potential, a better strategy might be to market a drug without restrictions, but require postmarketing surveillance in order to obtain more accurate information on which to base a final decision.

  17. The Liability of European States for Climate Change

    Directory of Open Access Journals (Sweden)

    Roger H J Cox

    2014-02-01

    Full Text Available According to climate science and the 195 signatory States to the UN Climate Convention, every emission of anthropogenic greenhouse gases contributes to climate change. Furthermore, they hold that a two degree Celsius rise of Earth’s average temperature is to be considered as a dangerous climate change to mankind and all of the world’s ecosystems. Using the climate proceedings of Dutch citizens against the Dutch state as a starting point, the author of this case note explains why each European Member State’s contribution to dangerous climate change as a result of inadequate emission reduction policies constitutes a tort of negligence against its citizens and poses a real threat for its citizens’ effective enjoyment of human rights. The author argues that this makes individual European Nations severally liable for dangerous climate change and gives European citizens and non-governmental organisations the possibility to request their Nation State’s competent court to compel the Nation’s government to implement stricter emission reductions in accordance with what is deemed necessary to help avoid dangerous climate change and to protect their human rights.

  18. Reconsideration of the principle of the nuclear operator's limitation of liability

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1985-01-01

    The author considers that the introduction of unlimited strict liability in nuclear liability law is now reasonable and appropriate; there is no need for liability and cover to coincide to ensure the soundness of the regime. The provisions in Article 7 of the Paris Convention regarding maximum amounts of liability can no longer be considered to be the sole permissible system. Interpretation on the basis of the spirit and the purpose of these rules indicates that also unlimited liability is permissible in the light of the economic and safety-related technical development of the peaceful uses of nuclear energy. Also, a deviation from the principle that limited liability and cover should tally seems possible. (NEA) [fr

  19. Reliable estimation of neutron flux in BWR reactor vessel using the tort code (2) application to neutron and gamma flux estimation

    Energy Technology Data Exchange (ETDEWEB)

    Kurosawa, M. [Toshiba Corp., Yokohama (Japan); Tsukiyama, T.; Hayashi, K. [Hitachi Engineering Co. Ltd., Hitachi-shi (Japan)

    2001-07-01

    A neutron and gamma flux distribution around the core of BWR commercial plant in Japan was calculated, using a three-dimensional transport code, TORT in DOORS32 code system. In the external of the core, the bottom of the model was at an elevation of 150 cm below the bottom of active fuel, the top of the model was at an elevation of the top of the shroud head dome and the radial part of the model was to the outside of the reactor pressure vessel. The top guide beams were modeled explicitly to obtain the neutron and gamma flux distribution both in the beams and outside beams. The each control rod guide tube was also modeled with homogeneous region which included the blade wing and poison tubes so that we could obtain the neutron and gamma flux distribution around the each control rod guide tube. The calculation model mentioned above needed very large memory size which exceeded a few decade giga-bytes. As the using the splicing/coupling method had uncertainly at the splicing/coupling boundary, in this work the calculation was performed without this splicing/coupling method. On the other hand, radioactivity data were measured for a few pieces of the top guide beam, shroud and in-core monitor guide tube in the same plant which was analyzed in the above calculation. So the calculation results were able to be compared with those measured data as benchmarking and at the end of this task, the C/M values at these measured points were obtained and calculation model using TORT was evaluated. (authors)

  20. Improvement of nuclear liability system and pros and cons for becoming a party to conventions

    International Nuclear Information System (INIS)

    Kim, S. W.; Jang, K. H.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

    2001-01-01

    In accordance with the 2001 amendment of the Nuclear Liability Act of 1969, the definition of nuclear damage was extended, the amount of liability and compulsory financial security became 300 million SDRs, prescription period for personal injury or loss of life became 30 years. Under the condition that the benefit of becoming a party to a international nuclear liability regime keeps in equilibrium with the cost thereof, we may become a party to the convention

  1. Ukraine. Law on civil liability for nuclear damage and its financial security (13 december 2001)

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

    The objective of this law is to regulate civil liability for the compensation of damage resulting from activities involving the utilisation of nuclear energy for peaceful purposes. It governs relations in respect of civil liability for nuclear damage, establishes the rules and procedures for compensation for damage caused by a nuclear incident, defines the methods of ensuring financial security of civil liability and establishes its limits. (N.C.)

  2. Economic consequences of the German environmental liability act: Capital market response for the chemical industry

    OpenAIRE

    Bartsch, Elga

    1997-01-01

    The Environmental Liability Act (Umwelthaftungsgesetz) enacted January 1, 1991 is claimed to have substantially tightened the environmental liability regime in Germany. The economic consequences of the amendment of the German environmental liability legislation initiated by the Sandoz accident are investigated for a portfolio of firms in the chemical industry. By means of an event study it is determined whether the UmweltHG has led to a revision of expectations regarding the profitability of ...

  3. Nuclear Liability Act. RS, c.29 (1st supp.), s.1

    International Nuclear Information System (INIS)

    1985-01-01

    The Revised Statutes of Canada 1985 which entered into force on 12 December 1988 revoked the Nuclear Liability Act of 1970, replacing it with a new version. The new Act (Chapter N-28 of the Revised Statutes) updates the previous text and makes some linguistic corrections. The principles of the Act of 1970 remain unchanged, namely absolute liability of the nuclear operator, such liability being limited in amount and in time [fr

  4. Liability of Legal Person in Indonesia: A Statutory and Practical Review

    Directory of Open Access Journals (Sweden)

    Yetty Komalasari Dewi

    2013-01-01

    Full Text Available Liability of legal persons for criminal offences has been slowly, but making its way to the legislations of Indonesia. Trends of development indicate that the liability of legal persons for criminal offences has been regulated in few regulations and will be regulated in the bill of Indonesia Penal Code that is now being drafted. Grounds of liability of legal persons indicate that it is a question of a special from of criminal responsibility, adapted to legal persons.

  5. The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

    International Nuclear Information System (INIS)

    Pelzer, Norbert

    2011-01-01

    1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

  6. Act of 18 March 1983 on Nuclear Third Party Liability (LRCN)

    International Nuclear Information System (INIS)

    1983-01-01

    This new Act on nuclear third party liability maintains the two essential principles established by the law in force, namely those of causation and the channelling of liability on to the operator of a nuclear installation. On the other hand, the Act waives the principle of third party liability limited in amount and provides that the person liable must commit himself for an unlimited amount. Such liability is covered as follows: by private insurance up to 300 million francs; by the Confederation up to one thousand million francs over and above the amount covered by private insurance; by all the assets of the person liable. (NEA) [fr

  7. Electronic cigarettes: abuse liability, topography and subjective effects.

    Science.gov (United States)

    Evans, Sarah E; Hoffman, Allison C

    2014-05-01

    To review the available evidence evaluating the abuse liability, topography, subjective effects, craving and withdrawal suppression associated with e-cigarette use in order to identify information gaps and provide recommendations for future research. Literature searches were conducted between October 2012 and January 2014 using five electronic databases. Studies were included in this review if they were peer-reviewed scientific journal articles evaluating clinical laboratory studies, national surveys or content analyses. A total of 15 peer-reviewed articles regarding behavioural use and effects of e-cigarettes published between 2010 and 2014 were included in this review. Abuse liability studies are limited in their generalisability. Topography (consumption behaviour) studies found that, compared with traditional cigarettes, e-cigarette average puff duration was significantly longer, and e-cigarette use required stronger suction. Data on e-cigarette subjective effects (such as anxiety, restlessness, concentration, alertness and satisfaction) and withdrawal suppression are limited and inconsistent. In general, study data should be interpreted with caution, given limitations associated with comparisons of novel and usual products, as well as the possible effects associated with subjects' previous experience/inexperience with e-cigarettes. Currently, very limited information is available on abuse liability, topography and subjective effects of e-cigarettes. Opportunities to examine extended e-cigarette use in a variety of settings with experienced e-cigarette users would help to more fully assess topography as well as behavioural and subjective outcomes. In addition, assessment of 'real-world' use, including amount and timing of use and responses to use, would clarify behavioural profiles and potential adverse health effects.

  8. Association Between Substance Use Disorder and Polygenic Liability to Schizophrenia.

    Science.gov (United States)

    Hartz, Sarah M; Horton, Amy C; Oehlert, Mary; Carey, Caitlin E; Agrawal, Arpana; Bogdan, Ryan; Chen, Li-Shiun; Hancock, Dana B; Johnson, Eric O; Pato, Carlos N; Pato, Michele T; Rice, John P; Bierut, Laura J

    2017-11-15

    There are high levels of comorbidity between schizophrenia and substance use disorder, but little is known about the genetic etiology of this comorbidity. We tested the hypothesis that shared genetic liability contributes to the high rates of comorbidity between schizophrenia and substance use disorder. To do this, polygenic risk scores for schizophrenia derived from a large meta-analysis by the Psychiatric Genomics Consortium were computed in three substance use disorder datasets: the Collaborative Genetic Study of Nicotine Dependence (ascertained for tobacco use disorder; n = 918 cases; 988 control subjects), the Collaborative Study on the Genetics of Alcoholism (ascertained for alcohol use disorder; n = 643 cases; 384 control subjects), and the Family Study of Cocaine Dependence (ascertained for cocaine use disorder; n = 210 cases; 317 control subjects). Phenotypes were harmonized across the three datasets and standardized analyses were performed. Genome-wide genotypes were imputed to the 1000 Genomes reference panel. In each individual dataset and in the mega-analysis, strong associations were observed between any substance use disorder diagnosis and the polygenic risk score for schizophrenia (mega-analysis pseudo-R 2 range 0.8-3.7%; minimum p = 4 × 10 -23 ). These results suggest that comorbidity between schizophrenia and substance use disorder is partially attributable to shared polygenic liability. This shared liability is most consistent with a general risk for substance use disorder rather than specific risks for individual substance use disorders and adds to increasing evidence of a blurred boundary between schizophrenia and substance use disorder. Copyright © 2017 Society of Biological Psychiatry. Published by Elsevier Inc. All rights reserved.

  9. Clinical safety and professional liability claims in Ophthalmology.

    Science.gov (United States)

    Dolz-Güerri, F; Gómez-Durán, E L; Martínez-Palmer, A; Castilla Céspedes, M; Arimany-Manso, J

    2017-11-01

    Patient safety is an international public health priority. Ophthalmology scientific societies and organisations have intensified their efforts in this field. As a tool to learn from errors, these efforts have been linked to the management of medical professional liability insurance through the analysis of claims. A review is performed on the improvements in patient safety, as well as professional liability issues in Ophthalmology. There is a high frequency of claims and risk of economic reparation of damage in the event of a claim in Ophthalmology. Special complaints, such as wrong surgery or lack of information, have a high risk of financial compensation and need strong efforts to prevent these potentially avoidable events. Studies focused on pathologies or specific procedures provide information of special interest to sub-specialists. The specialist in Ophthalmology, like any other doctor, is subject to the current legal provisions and appropriate mandatory training in the medical-legal aspects of health care is essential. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career, and help in increasing patient safety. The aim of this review is to contribute to this training, for the benefit of professionals and patients. Copyright © 2017 Sociedad Española de Oftalmología. Publicado por Elsevier España, S.L.U. All rights reserved.

  10. Securitization product design for China's environmental pollution liability insurance.

    Science.gov (United States)

    Pu, Chengyi; Addai, Bismark; Pan, Xiaojun; Bo, Pangtuo

    2017-02-01

    The environmental catastrophic accidents in China over the last three decades have triggered implementation of myriad policies by the government to help abate environmental pollution in the country. Consequently, research into environmental pollution liability insurance and how that can stimulate economic growth and the development of financial market in China is worthwhile. This study attempts to design a financial derivative for China's environmental pollution liability insurance to offer strong financial support for significant compensation towards potential catastrophic environmental loss exposures, especially losses from the chemical industry. Assuming the risk-free interest rate is 4%, the market portfolio expected return is 12%; the financial asset beta coefficient is 0.5, by using the capital asset pricing model (CAPM) and cash flow analysis; the principal risk bond yields 9.4%, single-period and two-period prices are 103.85 and 111.58, respectively; the principal partial-risk bond yields 10.09%, single-period and two-period prices are 103.85 and 111.58, respectively; and the principal risk-free bond yields 8.94%, single-period and two-period prices are 107.99 and 115.83, respectively. This loss exposure transfer framework transfers the catastrophic risks of environmental pollution from the traditional insurance and reinsurance markets to the capital market. This strengthens the underwriting capacity of environmental pollution liability insurance companies, mitigates the compensation risks of insurers and reinsurers, and provides a new channel to transfer the risks of environmental pollution.

  11. Nuclear liability insurance in the United States: an insurer's perspective

    International Nuclear Information System (INIS)

    Quattrocchi, J.

    2000-01-01

    By the mid-1950's the United States recognised that it was in the interest to promote commercial development of nuclear energy. But the uncertainties of the technology and the potential for severe accidents were clear obstacles to commercial development. Exposure to potentially serious uninsured liability inhibited the private sector. These impediments led Congress to enact the Price-Anderson Act in 1957. The Act had several purposes: the first was to encourage private development of nuclear power; the second was to establish a legal framework for handling potential liability claims; and the third was to provide a ready source of funds to compensate injured victims of a nuclear accident. Insurers chose the pooling technique by creating in the US the American Nuclear Insurers. ANI acts as a managing agent for its members insurance companies. The accident of three Miles Island occurred on 28 March 1979 and with came the claims experience in US. The 1988 amendments to the Price-Anderson Act directed the President to establish a Commission for the purpose of developing a means to assure full compensation of victims of a catastrophic nuclear accident that exceeds the limitation on aggregate public liability, or currently just over US$ 9.7 billion. The Presidential Commission issued its report in August 1990, in which it reached a number of conclusions and offered a number of recommendations.The US Congress has not acted on the Commission's report, but may revisit its recommendations as debate begins this year (1999) or next on the renewal of the Price-Anderson Act. (N.C.)

  12. Forensic evaluation of medical liability cases in general surgery.

    Science.gov (United States)

    Moreira, H; Magalhães, T; Dinis-Oliveira, Rj; Taveira-Gomes, A

    2014-10-01

    Although medical liability (disciplinary, civil and criminal) is increasingly becoming an issue, few studies exist, particularly from the perspective of forensic science, which demonstrate the extent to which medical malpractice occurs, or when it does, the reasons for it. Our aims were to evaluate the current situation concerning medical liability in general surgery (GS) in Portugal, the reasons for claims, and the forensic evaluations and conclusions, as well as the association between these issues and the judicial outcomes. We analysed the Medico-Legal Council (CML) reports of the National Institute of Legal Medicine and Forensic Sciences of Portugal related to GS during 2001-2010. The judicial outcomes of each case were requested from the Public Prosecutor Office (PPO) and the court. Alleged cases of medical liability in GS represented 11.2% of the total cases analysed by the CML. We estimated that in Portugal, 4:100,000 surgeries are subject to litigation. The majority of complaints were due to the patient's death (75.4%), with laparoscopic cholecystectomy surgeries representing 55.2% of cases. In 76.1% of the cases, the CML believed that there was no violation of legesartis and in 55.2% of cases, no causal nexus was found between the medical practice and the alleged harm. The PPO prosecuted physicians in 6.4% of the cases and resulted in one conviction. Finally, the importance of the CML reports as a relevant technical-scientific tool for judicial decision was evident because these reports significantly (p < 0.05) influenced the prosecutor's decision, whether to prosecute or not. © The Author(s) 2013 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

  13. Low-level waste injury: liability, insurance, and indemnification

    International Nuclear Information System (INIS)

    Merz, J.F.

    1986-01-01

    It would be worth developing compatible policies to address the issues involving third-party liabilities which remain unanswered before the different states and interstate compact agreements implementing the Low Level Radioactive Waste Policy Act develop a range of approaches. A plan that draws resources from a number of states would have economic and technological benefits, and could help ensure public confidence in the management of low level radioactive wastes. Interstate cooperation and coordination to produce such a plan would benefit from a Congressional mandate. An appendix arranged alphabetically by state illustrates the range of immunity/waiver, insurance, and limits that already exist

  14. Premium Pricing of Liability Insurance Using Random Sum Model

    Directory of Open Access Journals (Sweden)

    Mujiati Dwi Kartikasari

    2017-03-01

    Full Text Available Premium pricing is one of important activities in insurance. Nonlife insurance premium is calculated from expected value of historical data claims. The historical data claims are collected so that it forms a sum of independent random number which is called random sum. In premium pricing using random sum, claim frequency distribution and claim severity distribution are combined. The combination of these distributions is called compound distribution. By using liability claim insurance data, we analyze premium pricing using random sum model based on compound distribution

  15. Reflections of Civil and Criminal Liability in Obstetrical Violence Cases

    Directory of Open Access Journals (Sweden)

    Roberto Carvalho Veloso

    2016-10-01

    Full Text Available Obstetric violence is characterized by the imposition of interventions harmful to the physical and psychological integrity of pregnant women, perpetrated by health professionals and institutions (public and private in which such women are assisted. This paper aims to discuss the civil and criminal liability in cases of obstetric violence, from the judgments of the Supreme Court (STF, Superior Court of Justice (STJ and the Courts of Justice (TJs of the Rio Grande do Sul State and Minas Gerais, in order to identify the nature of the punishment and characterization of obstetric violence.

  16. The liability threshold model for censored twin data

    DEFF Research Database (Denmark)

    Holst, Klaus K.; Scheike, Thomas; Hjelmborg, Jacob B.

    2016-01-01

    the disease thus still being at risk. Ignoring this right-censoring can lead to severely biased estimates. The classical liability threshold model can be extended with inverse probability of censoring weighting of complete observations. This leads to a flexible way of modelling twin concordance and obtaining...... studies of diseases, as a way of quantifying such genetic contribution. The endpoint in these studies are typically defined as occurrence of a disease versus death without the disease. However, a large fraction of the subjects may still be alive at the time of follow-up without having experienced...

  17. Transport and repair of contaminated nuclear components - liabilities and insurance

    International Nuclear Information System (INIS)

    Brunego, C.; Deprimoz, J.; Engelhard, M.

    1983-01-01

    The nuclear park has been constructed fairly recently and has not yet required large-scale maintenance efforts; however account should now be taken of the fact that periodic checks of nuclear power plants will imply systematic transfers of irradiated or contaminated materials outside the plants. In this context, the paper reviews the nuclear third party liability regime under the Paris Convention and the Euratom directives on radiation protection. It then describes the cover offered by insurance pools in several European countries. (NEA) [fr

  18. Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

    Energy Technology Data Exchange (ETDEWEB)

    Faure, M. [ed.] [Rijksuniversiteit Limburg, Maastricht (Netherlands); Govaerts, P.; Malbrain, C.; Veuchelen, L. [Centre d`Etude de l`Energie Nucleaire, Mol (Belgium); Spriet, B. [Katholieke Univ. Leuven (Belgium). Inst. voor Strafrecht; Heldeweg, M.; Hertogs, M.; Van Maanen, G.; De Roos, T.; Seerden, R. [Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek METRO, Rijksuniversiteit Limburg, Maastricht (Netherlands)

    1993-12-31

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs.

  19. PROBLEM OF CRIMINAL REPRESSION, APPLIED OUTSIDE OF CRIMINAL LIABILITY

    Directory of Open Access Journals (Sweden)

    Vitaly Stepashin

    2017-01-01

    Full Text Available УДК 343.2A new institute of repressive measures applied outside the criminal liability in criminal law (including as a condition for exemption from criminal liability is forming now in Russian legislation. The author concludes that the provisions of the criminal law on monetary compensation and a court fine should be deleted because of the following reasons. 1 By their nature, and monetary compensation and a court fine, not being a formal punishment (and, therefore, a form of realization of criminal responsibility is a monetary penalty, i.e., penalty-punishment. Moreover, the rules of court fine destination identical rules of criminal sentencing. 2 Quantitatively court fine may exceed the minimum limits of criminal punish-ment in the form of fines. The dimensions of monetary compensation in the order of hours. Pt. 2, Art. 76.1 of the Criminal Code and at all close to the maximum values of fine-punishment. 3 Exemption from criminal liability requires states to refrain from prosecuting the person alleged to have committed a crime, which means that the nonuse of criminal repression. Regulatory standards analyzed, on the other hand, require mandatory use of repression, ie, virtually no exemption from criminal liability does not occur at all. 4 The use of a quasi-penalty in the form of monetary compensation and court fines are not an exemption from criminal responsibility, but on the contrary, the use of criminal repression (of responsibility, and in a simplified manner. 5 Contrary to the requirements of the Constitution and the Criminal Code of criminal repression is applied to persons whose guilt has not been established in the commission of a crime. Thus, in criminal law introduced a presumption of guilt. 6 Customization repression (in fact – of criminal responsibility in the application of the judicial penalty is substantially limited, and the application of monetary compensation is excluded at all, contrary to the requirement that the rough

  20. Liability rules for international trading of greenhouse gas emissions quotas

    DEFF Research Database (Denmark)

    Haites, E.; Missfeldt, F.

    2001-01-01

    To reduce the costs of mitigating greenhouse gas emissions in accordance with the Kyoto protocol, international trades of emissions quotas are allowed. The revenue from the sale of quotas may exceed the sanctions for non-compliance if these penalties are weak or poorly enforced. Under...... these circumstances emissions trading enables a country to benefit financially through non-compliance. To counter non-compliance due to trading a range of liability proposals have been suggested. Using a simple global model, we analyze the economic and environmental performance of these proposals for the first...