Perimortem versus postmortem damage: The recent case of Cioclovina 1

What is the responsibility of a hospital to protect the general public from an employee who may cause harm? Until recently, the answer to this question was simply “none“; hospitals were not seen as having any direct responsibility for the actions of employees. But this has changed, and the current trend is to hold a hospital directly responsible for the level of care received by its patients — the hospital must provide an ongoing system to monitor performance of employees as well as staff physicians.But what about acts of employees outside the hospital? Does a hospital have any obligation to anticipate when one of its employees poses a threat not on the job? This was the question addressed in a recent case before a California appeals court.

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Recent Case Developments

American Journal of Law & Medicine ◽

10.1017/s0098858800003555 ◽

2015 ◽

Vol 41 (4) ◽

pp. 688-691

Author(s):

Lewis Osterman

Keyword(s):

Recent Case

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What are the duties of an outgoing trustee?

Trusts & Trustees ◽

10.1093/tandt/ttaa103 ◽

2020 ◽

Author(s):

Stephen Alexander ◽

Michael Edwards

Keyword(s):

Case Law ◽

Recent Case ◽

England And Wales ◽

Royal Court ◽

Trust Company

Abstract The recent case of Geneva Trust Company SA v D and Ors [2020] JRC 104 has served to shed interesting new light on the duties of outgoing trustees regarding disclosure of documents and information (in other words, trust records) by a retiring trustee to a new trustee. The general principles of Jersey law in this area are relatively well-defined, as per the Trusts (Jersey) Law 1984 (the Trusts Law) and a not inconsiderable body of case law derived from the Royal Court in Jersey as well as of the courts of England and Wales. However, it is useful to both professional trustees and legal practitioners alike when the Court provides further elucidation. The Geneva Trust Company case centred around the transfer of trust records for the D Discretionary Trust (the DDT) from the former trustee, Geneva Trust Company SA (formerly known as Rawlinson & Hunter Trustees SA) (the Former Trustee) to the current joint trustees, Fort Trustees Limited and Balchan Management Limited (collectively, the Current Trustees).

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Will the imaginary active consumers please stand up? Case note to Walbusch Walter Busch: Case C-430/17 Walbusch Walter Busch GmbH & Co. KG v. Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV, EU:C:2019:47

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x19856298 ◽

2019 ◽

Vol 26 (5) ◽

pp. 713-719

Author(s):

Joasia Luzak

Keyword(s):

Consumer Protection ◽

Case Note ◽

Recent Case ◽

Frankfurt Am Main ◽

Limited Space ◽

Court Of Justice ◽

Technological Advances ◽

The Right ◽

Right Of Withdrawal ◽

The Eu

The questions posed to the Court of Justice of the EU in the recent case of Walbusch Walter Busch asked what qualifies as the means of communication with a limited space or time to display the information and how detailed the disclosure on the right of withdrawal needs to be on such a medium. The judgment in this case had to strike a balance between not limiting traders’ opportunities to use technological advances to reach consumers and one of the main objectives of consumer protection: ensuring consumers have a chance to make fully informed transactional decisions.

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