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Sep 19, 2024 · We contend that attention to the ways in which recklessness serves as a fine-tuning mechanism in tort law can illuminate philosophical debates about the nature of recklessness, as well as jurisprudential inquiries concerning interstitial legal concepts.
Oct 1, 2024 · Article 21 (1) confirms that for damages arising (per passenger) not exceeding approx. GBP130,000 an airline is not able to limit its liability; however, under 21 (2), a carrier can avoid liability for damages exceeding this amount if the airline can prove that: (a) such damage was not due to the negligence or other wrongful act or omission of t...
Oct 9, 2024 · First, the court needed to determine whether ‘recklessness’ could be considered an ‘accident’ under insurance policies that define a covered event as an ‘accident’. Second, the court was asked to clarify whether greenhouse gases fall within the pollution exclusions common in occurrence-based insurance policies, which typically ...
Oct 1, 2024 · Article 21 (1) confirms that for damages arising (per passenger) not exceeding approx. GBP130,000 an airline is not able to limit its liability; however, under 21 (2), a carrier can avoid...
Oct 4, 2024 · In most torts, where a defendant breaches their duty towards the claimant, they are only liable if the claimant can establish that the breach in question has resulted in some harm, ie Causation. Only strict liability torts are exempt from this rule (eg trespass to the person).
Sep 26, 2024 · Exculpatory clauses in contracts are used to limit or extinguish the liability of one party whose negligence caused another’s injuries. These clauses, which can take the form of waivers, assumption of risk agreements, indemnity clauses, and others, relinquish one’s right to sue, and have certain requirements to be enforceable.
Oct 5, 2024 · private nuisance is a ‘violation of real property rights’. It involves substantial interference with the claimant’s ordinary enjoyment of their land, often by noise or smell, or by encroachment or actual physical damage to their property.
