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Liability for economic loss sustained through the failure of an ISP in the electronic conclusion of contractsBotha, Bronwynne January 2013 (has links)
Lötz and Du Plessis sum up the problem at hand most succinctly in their stating that “the relevant
question is whether electronic contracts of sale can fulfil the general, legal requirements for the
conclusion of a valid contract, and also where and when such contracts are (deemed to be) concluded”.2
In light of this statement, consider the following schematic representation of all the parties and their
relationships, as typically occurring during the electronic contracting process: This statement succinctly sums up a single aspect of this problem, the so-called “contracting phase”.
Following the traditional thought pattern, all aspects leading up to the point of conclusion need to be
assessed and critically discussed as a failing or miscommunication in any one of the traditional
requirements for the conclusion of a valid contract may later in the contractual relationship affect consensus and thus conclusion. This second phase “remedies and liability” refers to the situation where
consensus is defective for one or other reason stemming from a failure in the internet/network services
offered by the Internet Service Provider. A practical example of this may be:
A and D have concluded pre-contractual negotiations and stand on the brink of consensus. A has signed
the agreement and has forwarded same to D by means of e-mail. As far as A is concerned, the contract is
concluded and he/she makes arrangements to fulfil of his/her obligations. D does not receive the signed
agreement from A due to a failure on the part of his/her Internet Service Provider (C) – the server
crashed and as a result he/she has no knowledge of A’s acceptance. D therefore concludes a contract with
a third party for the same goods that form the subject of the contract with A and performs in terms of
same. In these circumstances A has suffered economic loss due to his/her preparation to perform
alternatively, full performance in terms of a contract he/she believed to be concluded. It goes without
saying that neither A nor D are responsible for the loss A has suffered. The obvious question is then who
is responsible for A’s loss? This work aims to assess firstly, the nature and the scope of possible remedies available to A to redress
his/her loss, and secondly, the extent to which the Internet Service Provider can be held responsible for
the failure of the communication medium. These issues will be discussed against the backdrop of the
general principles of the law of contract and their application to this new and integral component in
economic transactions. / Dissertation (LLM)--University of Pretoria, 2013. / am2014 / Mercantile Law / unrestricted
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International product liability law and uniform sales lawSewerin, Diana. January 2000 (has links)
No description available.
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The liability for damage caused by space activities /Saleh, Saleh Tewfik. January 1967 (has links)
No description available.
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Some aspects of automobile bodily injury liability insurance, 1925-1968 : a study in social adjustment to technical change /Fannin, James A. January 1971 (has links)
No description available.
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Compensation for Wrongful Convictions: A Study towards an Effective Regime of Tort LiabilityMijares, Laura Patricia 22 November 2012 (has links)
How would you feel if after having spent many years incarcerated for a crime that you did not commit and when finally you are released to a broken life where there is nobody to respond effectively to all the damages that you have and that you will continue to endure due to an unfortunate miscarriage of justice?
In Canada, compensation for wrongful convictions is a legal issue which has yet to find a solution for those who the government has denied to pay compensation for and the damages such wrongful conviction brought to their lives.
This thesis will analyze the legal problem of compensation for wrongful convictions in Canada from a tort law perspective and will present an alternative to the existing regime to serve justice to those who have been victims of miscarriages of justice.
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Compensation for Wrongful Convictions: A Study towards an Effective Regime of Tort LiabilityMijares, Laura Patricia 22 November 2012 (has links)
How would you feel if after having spent many years incarcerated for a crime that you did not commit and when finally you are released to a broken life where there is nobody to respond effectively to all the damages that you have and that you will continue to endure due to an unfortunate miscarriage of justice?
In Canada, compensation for wrongful convictions is a legal issue which has yet to find a solution for those who the government has denied to pay compensation for and the damages such wrongful conviction brought to their lives.
This thesis will analyze the legal problem of compensation for wrongful convictions in Canada from a tort law perspective and will present an alternative to the existing regime to serve justice to those who have been victims of miscarriages of justice.
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Arbeitgeberhaftung wegen Diskriminierung, sexueller Belästigung und fehlerhafter Kündigung in den USA : Möglichkeiten zur Versicherung solcher Risiken und das Allgemeine Gleichbehandlungsgesetz /Suh, Raphael Won-Pil. January 2008 (has links)
Univ., Diss.--Köln, 2007.
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Contemporary Liability Issues in Aircraft Manufacturing and MaintenanceHedrick, Robert F. January 1996 (has links)
No description available.
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Darbuotojų materilinės atsakomybės reglamentavimas ES valstybėse narėse (lyginamoji analizė) / The regulation of material liability of the emploees in the member states of the EU (comparative study)Urbaitytė, Simona 15 March 2006 (has links)
This scientific research has been made on the regulation of similar institute to material liability of the employees in the national law of five old European Union member states (Belgium, United Kingdom, France, Sweden and Germany), comparing it to the regulation of material liability of the employees in Lithuania. It is very important as this is one of first more detailed researches in Lithuania made on this issue. The similarities and the differences of the regulation are being pointed out through the analysis of the main questions of material liability of the employees such as conception, sources of law, applying conditions, limitation of the liability, and the cases when unlimited liability of the employees is being applied.
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Deliktní odpovědnost fyzických osob v ochraně životního prostředí / Delictual liability of natural persons within environmental protectionŽejšková, Pavlína January 2011 (has links)
Delictual liability of natural persons in the environmental protection I have chosen the subject delictual liability of natural persons in environmental protection for topic of my Master's degree thesis. The first reason why I have opted for this subject is due to the fact the environment is present everywhere and is a resource that needs to be protected as it is necessary to the human kind to survive. The law is one of the most powerful tools that can help protecting the environment. The second reason is that it does allow me to link several other law areas of interest which are administrative, criminal and environmental. The thesis contains three main parts. The first one is mainly dedicated to the legal liability while focusing on the responsibility in the environmental law. Also are mentioned the fundamental principles of the delictual liability in the Constitution. The second part relate to the criminal liability of natural persons in the environmental protection, starting from the basics of the international and European Union law. Further to this I have reviewed the past history in the Czech Republic, with supporting dated examples, showing how effectively the environment has been preserved by the criminal law. I have continued with a review of the current situation of how the environment is being...
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