When Words Harm: Cyber Bullying: What Should the Legal Consequences Be for Abusive Speech? Is it Protected? Should it Be a Crime or Sanctioned Under Civil Liability Law?

2011 ◽  
Author(s):  
Anthony Stephen Montagna
Keyword(s):  
Civil Liability ◽  
Cyber Bullying ◽  
Liability Law ◽  
Legal Consequences

scholarly journals Polluter Pays Principle Terkait Pertanggungjawaban Corporate PTTEP Australasia Terhadap Pencemaran Minyak Di Laut Timur Indonesia

2021 ◽  
Vol 2 (2) ◽  
pp. 189-209
Author(s):  
Annisah Dian Utami Panjaitan ◽  
Novianti Novianti ◽  
Mochammad Farisi
Keyword(s):  
Environmental Pollution ◽  
Environmental Law ◽  
Civil Liability ◽  
Class Action ◽  
The State ◽  
State Responsibility ◽  
International Environmental Law ◽  
Advantages And Disadvantages ◽  
Liability Law ◽  
Polluter Pays Principle

This research is aimed to analyze and determine the 16th provision principle of the declaration on environment and development, namely the polluter pays principle, as one of the state’s form of accountability towards the polluting across borders between PTTEP Australia and Indonesia. This is a juridical research, which analyzes the issue discussed through the use of many realted sources. The Polluter Pyas Principle, as a form of State responsibility in environmental pollution, has some advantages and disadvantages when applied as a recommendation by the OECD (Organization for Economic Cooperation and Development). From a legal perspective, this principle can be applied as a civil liability law, whereas from an economic perspective, it can be viewed as effort to control pollution by means which the polluter has an obligation to pay for the environmental pollution that he/she caused. Even so this principle also has its weakness, in an economic approach this principle is difficult to determine the determination of the cost of loss. In some countries themselves have applied this principle in handling cases of environmental pollution. In the case of cross-border environmental pollution, the principle of good neighborliness and the principle of state responsibility in dealing with pollution cases as a sign of State’s goodwill to comply with existing international law. The case of environmental pollution itself is not only the State that can sue, but a group of people or the community can also sue, if they feel harmed by the pollution that occurs. One of them is by carrying out Class Action in holding accountable for the consequences of pollution that has occurred, and is detrimental to a group or large number of people. Even though international environmental law is a soft law, it can become hard law depending on the pollution case that occurs. Even so, International Environmental Law contained in the Stockholm Declaration, Rio de Jeneiro, Civil Liability Convention and other related international arrangements have been very good in their regulatory fields. Only the state which ratifies the convention applies according to the pollution case that occurs.

Making defensible decisions in the era of recovery and rights

2015 ◽  
Vol 26 (5) ◽  
pp. 474-477 ◽  
Author(s):  
Andrew Carroll ◽  
Bernadette McSherry
Keyword(s):  
Decision Making ◽  
Risk Management ◽  
Clinical Decision Making ◽  
Civil Liability ◽  
Clinical Decision ◽  
Liability Law ◽  
Essential Components ◽  
Information And Communication ◽  
Available Information

Objectives: Our aim was to develop a framework for clinical decision-making that can be used to take into account risk in an era of recovery and rights. Conclusion: We developed a framework influenced by civil liability law to develop a guide for clinical decision-making which emphasises collaboration, clarification of the available information and communication of decisions as essential components of recovery-oriented risk management.

scholarly journals Review of Issues Related to Crisis and Its Management in Civil Liability Law

2017 ◽  
Vol 10 (2) ◽  
pp. 9
Author(s):  
Zahra Mohammadi ◽  
Ghavam Karimi
Keyword(s):  
Civil Liability ◽  
Legal Person ◽  
Special Relationship ◽  
Tort Liability ◽  
Ordinary People ◽  
Government Employees ◽  
Civil Responsibility ◽  
Liability Law ◽  
Supreme Council ◽  
History Of

Civil liability is a responsibility, which exist against damage caused and made causing damage to compensate. Civil liability means a liability to pay damages. So wherever someone is responsible for compensation against other one, there is civil liability. Civil liability laws enacted in 1960,there is no definition about responsibility and responsibility of the person has brought based on intentionally or fault of the natural or legal person including ordinary people or government employees and doesn’t say a word of Cairo forces in the realization of civil responsibility of states. There is a special relationship based on the civil liability between prejudicial and injured which is the same compensation. So, civil liability in a general and extensive sense covers contractual liability and tort liability because for both important issues to discuss about compensation. But the basic difference between these two back together the presence or absence of a contract between the parties. The scope of civil liability begins where is not present any contract for the fulfillment of the obligations between the parties. In this paper, the history of civil liability in relation to crisis management and its evolution, as well as the duties of the Supreme Council of the crisis in the form of materials and auxiliaries which have been approved are briefly discussed.

scholarly journals EFEITOS DO DANO ORIUNDO DE INADIMPLEMENTO CULPOSO DO CONTRATO DE EMPREITADA

2020 ◽  
Vol 1 (58) ◽  
pp. 1
Author(s):  
Maria Helena DINIZ
Keyword(s):  
Civil Liability ◽  
Civil Code ◽  
Good Faith ◽  
Judicial Decisions ◽  
Damage Quantification ◽  
Brazilian Legislation ◽  
Court Of Justice ◽  
Damage Repair ◽  
Legal Consequences

RESUMO Metodologia: Para atingir ao que se pretende transmitir, cientificamente, neste artigo, a metodologia utilizada foi a lógico-dialética, tendo por suporte a análise de referências bibliográficas, da legislação brasileira, principalmente, do Código Civil de 2002 e de decisões judiciais como as do Superior Tribunal de Justiça.Resultados: O artigo aponta, se uma das partes vier a ser indenizada, em virtude de descumprimento de contrato de empreitada por culpa de outra, as seguintes consequências jurídicas: inexistência de enriquecimento ilícito e descabimento de propositura de ação in rem verso. Ressalta, ainda, a relevância da boa fé na apuração da responsabilidade indenizatória, sendo que o valor da indenização estipulado por expert deverá ter por baliza a repercussão econômica do contrato descumprido no patrimônio do lesado. Contribuições: A principal contribuição deste trabalho consiste em demonstrar o cabimento da aplicação do art. 475 do Código Civil e de algumas consequências decorrentes do inadimplemento culposo da empreitada, tais como: resolução contratual, indenização por perdas e danos tendo por parâmetro o próprio contrato, na forma de lucros cessantes e da perda de uma chance, liberação de reparação de danos emergentes se a parte arcar com os custos. Palavras-chave: Empreitada; Validade Negocial; Descumprimento Voluntário; Responsabilidade Civil; Perda de uma chance; Quantificação do Dano. ABSTRACT Methodology: To achieve what it is intended to convey, scientifically, in this article, the methodology used was the logical-dialectic, supported by the analysis of bibliographic references, of the Brazilian legislation, mainly of the Civil Code of 2002 and of judicial decisions such as of the Superior Court of Justice. Results: The article points out the following legal consequences, if one of the parties is indemnified, due to noncompliance with the contract for the fault of another: no graft and misplaced action in rem verso. It also emphasizes the relevance of good faith in civil liability application, and the amount of indemnity stipulated by an expert should be based on the economic repercussion of the breached contract in the injured party's assets. Contributions: The main contribution of this work is to demonstrate the appropriateness of the application of art. 475 of the Civil Code and some consequences resulting from the beach of the contract, such as termination of the contract, indemnity for losses and damages having as parameter the contract itself, in the form of loss of profits and the loss of a chance, damage repair release if the party bears the costs. Keywords: Contract; Contractual Validity; Voluntary Non-Compliance; Civil Liability; Loss of a chance; Damage Quantification.

scholarly journals Theory of "Lost Opportunity" Theory in Iranian Law

2016 ◽  
Vol 9 (8) ◽  
pp. 16
Author(s):  
Masoud Khoshgovari ◽  
Mohammadreza Sharafatpeima
Keyword(s):  
General Rule ◽  
Civil Liability ◽  
Opportunity Theory ◽  
Non Profit ◽  
Conventional View ◽  
Liability Law ◽  
Iranian Law ◽  
Lost Opportunity

<p>"Lost opportunity" theory by considering opportunities valuable as a chance, fortunes, and with the beliefs that opportunity is a material and spiritual right which has been violated by guilty. Therefore, it seeks for an approach to compensate the damage resulted from the loss of opportunity for gaining a profit or avoiding losses.</p><p>This theory has been accepted for many years in European and American countries and in the courts, leads to issue many verdicts. However, either in Iranian law or jurists' and theologians opinions, there is no writing to confirm or deny this fact expressly. Also, about this theory sometimes there is no sputum and distinguishing between these two issues for its own complexities, as well as the parallel with the non-profit issue.</p>Though contemplated on the basis of civil liability established in some laws such as Article VI of the civil liability law, for example, the rule of remuneration in sharecropping, it becomes clear that the legislator shows flexibility. Also, according to the conventional view and the context of some Jurists, the general rule has no harm, which considers the base of the civil liability as valuable.

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