scholarly journals ‘Material contribution’ after Williams v The Bermuda Hospitals Board

Legal Studies ◽  
2018 ◽  
Vol 38 (3) ◽  
pp. 411-428
Author(s):  
SH Bailey
Keyword(s):  
Causal Link ◽  
Privy Council ◽  
The Status ◽  
Good For ◽  
Ultimate Harm

AbstractThis paper reviews the status of the principle that a claimant can demonstrate a causal link between the defendant's wrongful act or omission and his or her damage by establishing that the act/omission made a ‘material contribution’ to the damage. This principle has been reviewed, in the context of cumulative causes that cannot be ‘compartmentalised’, by the Privy Council in Williams v The Bermuda Hospitals Board. There, the Privy Council regarded the cases of Bonnington Castings v Wardlaw (leaving aside the point as to the divisibility of the disease pneumoconiosis), Bailey v Ministry of Defence and Williams itself as essentially similar to each other. They were to be regarded as cases where the court was entitled to conclude that it was the totality of the exposures/delay in question that caused the ultimate harm. As regards Bailey, this was said in terms not to involve any modification of the but-for test; presumably the same holds good for Bonnington Castings and Williams itself. So orthodoxy appears to be preserved/restored. But is that so?

Proprietary Rights and Insolvency

2016 ◽  
Author(s):  
Richard Calnan
Keyword(s):  
First Principles ◽  
Common Law ◽  
Case Law ◽  
Reference Source ◽  
Property Law ◽  
Privy Council ◽  
Current State ◽  
The Supreme Court ◽  
The Status ◽  
Court Of Appeal

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from the arrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Wales as well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend to bribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuador v Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.

12. Claims for international protection

2021 ◽  
pp. 435-495
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt
Keyword(s):  
Case Law ◽  
Causal Link ◽  
Parallel Process ◽  
Refugee Status ◽  
International Protection ◽  
Refugee Law ◽  
Legal Context ◽  
The Status ◽  
Gender Based ◽  
The Uk

This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system. The chapter begins with the legal context of refugee claims in the UK, and then follows the structure of Article 1A of the Refugee Convention.

Victim Derogation and Victim Enhancement as Alternate Routes to System Justification

2005 ◽  
Vol 16 (3) ◽  
pp. 240-246 ◽  
Author(s):  
Aaron C. Kay ◽  
John T. Jost ◽  
Sean Young
Keyword(s):  
Physical Attractiveness ◽  
Causal Link ◽  
Status Quo ◽  
System Justification ◽  
Victim Blaming ◽  
Stereotype Activation ◽  
Victim Derogation ◽  
The Status ◽  
Alternate Routes ◽  
System Threat

Numerous studies have documented the potential for victim-blaming attributions to justify the status quo. Recent work suggests that complementary, victim-enhancing stereotypes may also increase support for existing social arrangements. We seek to reconcile these seemingly contradictory findings by proposing that victim derogation and victim enhancement are alternate routes to system justification, with the preferred route depending on the perception of a causal link between trait and outcome. Derogating “losers” (and lionizing “winners”) on traits (e.g., intelligence) that are causally related to outcomes (e.g., wealth vs. poverty) serves to increase system justification, as does compensating “losers” (and down-grading “winners”) on traits (e.g., physical attractiveness) that are causally unrelated to those outcomes. We provide converging evidence using system-threat and stereotype-activation paradigms.

Is an axiology free law possible?

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Elisa Grimi
Keyword(s):  
Human Nature ◽  
Human Action ◽  
Human Experience ◽  
The Status ◽  
Good For ◽  
The Way

In the article the author aims to define what constitutes an axiologically independent law. After presenting the status of a confused humanity, two ways of human experience are proposed. The first one is called the way of nebulosity, the second one - the way of contradiction. Through an argumentation whose premise is precisely the precariousness of human nature, the author comes to reflect on the universality of the good for which human action yearns.

scholarly journals Investment in education and the importance to invest in training in maritime sector

2018 ◽  
Vol 1 (2) ◽  
pp. 119-134
Author(s):  
Alessandro Figus
Keyword(s):  
Public Finance ◽  
Education System ◽  
Empirical Studies ◽  
Causal Link ◽  
Significant Part ◽  
Transport Sector ◽  
Educational Services ◽  
University System ◽  
Good For

Abstract Empirical studies have shown that changes in levels of education explain a significant part of changes in income between countries. Many causes and phenomena can affect income. In this there is a “reverse causal link” that exists between the two sizes (countries with a higher GDP offer better educational services). Cuts to education certainly contribute to reducing the numerator of the two “cursed relations” - between deficit and GDP and between debt and GDP. Too often we forget that improving the educational and university system is an investment that in the long term can contribute to the increase of the denominator of these relationships, the GDP, making public finance more sustainable. Investing in the education system and in University is good for the economy, even for the transport sector, of course.

scholarly journals THE EFFECT OF ‘FAIRNESS’ ON PRE-NUPTIAL AGREEMENTS

2014 ◽  
Vol 26 ◽  
pp. 261-273
Author(s):  
Judith Bray
Keyword(s):  
Equal Weight ◽  
Privy Council ◽  
Legal Advice ◽  
Considerable Debate ◽  
The Status ◽  
English Law

Until the seminal judgment of Radmacher v Granatino pre-nuptial or pre-marital agreements were given limited weight in English law. Prior to this decision there had been considerable debate about the status in law of all nuptial settlements both pre and post marriage. The key question for Radmacher was whether pre-nuptial settlements should attract equal weight as agreements drawn up during the course of a marriage. In MacLeod v MacLeod the Privy Council finally resolved the issue with regard to post-nuptial settlements holding that agreements drawn up post marriage would carry weight when the court decides a claim for financial relief under s.25 Matrimonial Causes Act 1973. The English courts, unlike other jurisdictions, have always been reluctant to uphold agreements, which purport to deprive the court of its jurisdiction in deciding financial provision. There was also an underlying presumption that parties to a marriage did not intend their agreements to form legally binding contracts and finding adequate consideration within such agreements was often difficult unless the agreement is incorporated in a deed. The effect of the Supreme Court’s decision in Radmacher was not to reverse this approach. Pre-nuptial agreements were not made binding on the court but rather the court is invited to give weight to all nuptial agreements subject to certain safeguards. The subsequent decision in Luckwell v Limatagives guidance as to when the court will be prepared to deviate from pre-marital agreements even when the parties have been given independent legal advice and both parties are fully aware of the possible effect of such an agreement.   

scholarly journals Deconstructing the non-episodic readings of Spanish deverbal adjectives

2016 ◽  
Vol 9 (1) ◽  
pp. 1-41 ◽  
Author(s):  
Antonio Fábregas
Keyword(s):  
Causal Link ◽  
Natural Explanation ◽  
Linguistic Information ◽  
The Status

The interpretation of an eventuality embedded in a deverbal adjective is typically non-episodic; specifically it is dispositional, habitual or modal. This article examines these readings based on a case study of three productive adjectivalizing suffixes in Spanish. It is proposed that the same structure can underlie these three non-episodic readings. Which is selected in each case is a function of different pieces of linguistic information, including the causal link between subject and eventuality, and the status of external circumstances relevant for the situation. This approach suggests an underspecification view of polysemy, makes it possible to account for the range of non-episodic readings without using designated null aspectual operators, and provides a natural explanation of the asymmetries between these readings with respect to adjective-to-noun conversion and combination with animate nouns.

12. Claims for international protection

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
Case Law ◽  
Causal Link ◽  
Parallel Process ◽  
Refugee Status ◽  
International Protection ◽  
Refugee Law ◽  
System P ◽  
The Status ◽  
The Law ◽  
Gender Based

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system.

Sign in / Sign up

Export Citation Format

Share Document