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"With government having assumed an important role in most areas of economic and social life, issues relating to potential legal liability for wrongful or negligent activity have taken on increasing importance. When things go wrong, whether it involves matters as diverse as problems with the blood supply, with unsafe drinking water, or the failure of a major financial institution, those who suffer loss inevitably look to whether their losses can be traced back to government or regulatory failure.
Because the liability of ship owners is limited, classification societies have been considered as exempt from liability. This book analyses which actions of classification societies may give rise to claims and whether or not the societies can be held liable under English, German or American maritime law. In addition, it develops the fundamental aspects of an international convention on the limitation of the liability of classification societies.
First published in 1953, this book presents a comparative study of the civil liability of governments in America, Europe and the Commonwealth.
A comprehensive analysis of liability for animals this book covers harm done by dangerous and straying animals including both dangerous and non-dangerous species. Including a separate chapter on special provisions relating to dogs it provides unique guidance from an internationally renowned legal scholar. The book takes account of the decisions of the courts which have applied, interpreted and explained the Animals Act 1971 over the past four decades including the House of Lords decision in Mirvahedy v Henley (2003). Liability for animals which are not members of a dangerous species but which, in the event, may have been proved to be dangerous is a matter of particular interest and concern. The book addresses matters such as harm done by animals in the course of hunting as well as decisions on a number of non-statutory aspects of the law of animals. The book includes the primary material of the Animals Act, 1971 making it a comprehensive point of reference on this subject. An earlier version of this book was published in 1972 just after the Animals Act 1971 came into force. Although the legislation has remained substantially unamended, there has been a steady flow of case law on the meaning and operation of the provisions of the Act.
The fourth edition consists of consideration of all aspects of the jurisdiction of English courts and arbitrators over maritime claims, applicable law, judgments, remedies and security interests, including the continuing critical impact of membership of the European Union. The comprehensive updating encompasses legislative, convention and judicial developments since the publication of the last edition in 2000 – in particular the replacement of the amended Brussels Jurisdiction and Judgments Convention 1968 by Council Regulation 44/2001 and its effect on other maritime convention jurisdiction provisions, relevant Civil Procedure Rules and judicial interpretation of both.
What happens if someone is injured, killed, or suffers health problems by using a product? Do people have a right to sue the manufacturers of such items? Through modern product liability laws, injured parties can make a claim in court, but such laws are often controversial. Before the 20th century, product lawsuits were rare, and injured consumers faced many legal barriers. Although it is now easier for people to recover damages, critics claim such laws are unfair to manufacturers. They also debate the proper standards for determining product liability and the kinds of rewards that should be rendered for damages. Product Liability explores these and other liability issues that affect the lives of every American consumer.
This book provides in-depth analysis of deferred prosecution agreements (DPAs), a tool first introduced in the United States and since implemented in the United Kingdom and other jurisdictions. The central focus of the book is the impact of DPAs on company directors: DPAs were first introduced in the US for individuals, but are now used predominantly for corporate defendants. In the UK, DPAs have only ever been available for companies. The consideration of individuals in the introductory stage in the UK is explored in depth, as well as the consideration and targeting of individuals in cases that have followed. Company directors are exposed to liability because of this negotiated deal between the company and prosecutors, and this book addresses the key areas of exposure, and how various parties should address these risk areas in accordance with the law. The book is an increasingly necessary contribution to the topical discussion of the fallout of unsuccessful prosecutions of individuals implicated in the wrongdoing constituting the basis of DPAs, calling into question not only treatment of those individuals but also the integrity of the DPA tool itself. It also considers the impact of DPAs and arising exposures on directors’ and officers’ (D&O) liability insurance, therefore covering potential risk areas and the ability of directors to access a defence in protecting themselves from liability. The book covers the impact on all areas of a D&O policy, considering D&O policy wording and insurance law in doing so, providing a rounded account of issues arising in relation to company directors and how interested parties can act in the best interests of all whilst in accordance with law and policy. The primary audience for this book will be lawyers and practitioners in the corporate crime and/or insurance law space, including general counsels, solicitors, barristers, consultants, prosecuting authorities, legal academics, and so forth. It will also be of interest to company directors, and to students of financial crime, corporate criminal crime and insurance law, and will have great international appeal. Organisations likely to use the book will include prosecuting authorities, law firms working on corporate criminal liability or D&O insurance cases, and companies looking to protect themselves where there is alleged wrongdoing.