The common law notions of profession, quasiprofession, professional and quasi-professional categories in tort are analysed. The basis of liability before Hedley Byrne and Co. Ltd. v. Heller and Partners Ltd.1 involving the various stages of evolution, transition, reversion, regeneration and conflict is analysed. The focus of interpretation is to identify the relevance of professionalism and quasi-professionalism as the basis of third party liability. The relationship between Hedley Byrne2 and its impact on quasi-professional categories is analysed. The Hedley Byrne3 principle and policy model of special relationship, together with its core concepts and its theoretical and practical implications in subsequent cases is examined. The theoretical and practical problems of analysis in the application of Hedley Byrnd4 to Ross v. Cauntersr' is redefined and defended on the footing of professional ism. The theoretical and practical difficulties in the application of Hedley Byrn and to architect, consulting engineer, valuation surveyor, local authority skilled employee and specialist sub-contractor is analysed. The conceptual and practical problems of analysis arising from the decisions in Yianni v. Edwin and Sons,7 Smith v. Eric S Bush; Harris v. Wyre Forest D.C.,6 Ministry of Housing and Local Government v. Sharp,9 Junior Books v. Veitchi Co. Ltd.10 are examined within the principle and policy analysis. The competing policy interpretations in Caparo Industries plc v. Dickman11 by the Court of Appeal and the House of Lords is contrasted. The similarity in their theoretical framework and the difference in their applications and conclusions are identified. The House of Lords decision in Caparo12 is examined to ascertain how much it has redirected Hedley Byrne.13 The subsequent applications of Caparo14 is examined. It is suggested that the previous cases be categorised within both principle and policy contexts. It concludes with a recommendation towards a theory of special relationship based on the experience of the last two centuries.

This thesis seeks to answer the primary question as to whether Product Liability Claims are socially desirable by reference to three Product Liability case studies and a survey of 132 archived Product Liability claims. These constitute a representative random sample of Product Liability cases handled by the Author’s Legal Practice. This practice has provided a window through which serious failings are identified in (i) the strict liability based Product Liability Directive; (ii) tort itself as a mechanism for compensating injured persons; and (iii) the procedural infrastructure in which claims are made, as recently reformed in accordance with Lord Justice Jackson’s recommendations. This thesis tests Product Liability claims against the objectives of tort: deterrence; corrective justice; retribution and vindication; distributive justice and compensation. It is found that Product Liability claims fail to meet the defined standard of social desirability. There is nothing special about products to necessitate or justify a bespoke system of liability. Product Liability claims for damages represent in microcosm the broader picture of personal injury claims as a whole. This thesis highlights the failings of a system which relies heavily on gambling upon outcomes; perpetuates a ‘have a go’ culture; rewards the lucky few; builds in an unacceptable element of moral hazard and tolerates and generates the costs of a high volume of claims which serve no practical or legal purpose. It is concluded that 1. The Product Liability Directive was introduced as an emotive response to the Thalidomide tragedy but it would fail to provide a remedy in a similar disaster. Instead it treats sufferers of minor mishaps as victims and contributes to a litigation industry that inculcates in society a false and unnecessary sense of entitlement. 2. The Product Liability Directive should be repealed as a flawed and misconceived piece of legislation that fails to achieve its key goal of protecting consumers and harmonising the law. 3. Support is found in this practical research for much of what Atiyah advocated in his seminal work The Damages Lottery. The possibility of an all-embracing no-fault liability system should be reconsidered subject to strict controls, including thresholds, to ensure that it compensates and rehabilitates only those with genuine needs. 4. A first party insurance market would have to develop to fill the gaps.

<p>&quot / The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be...&quot / </p>

Innovation is the fundamental driver for the advancement of societies. The advent of the Industrial Revolution in the 17th century precipitated a dramatic increase in the rate of innovation. Societies of the time struggled in how to deal with the rapid changes that resulted from these innovations and their application. Present day society is no different. Innovations in todays society have the ability to be widely adopted and the potential to affect far larger segments of the population that previous innovations. The rapid rise of genetic modification is one such innovation. This innovative technology has been widely adopted by the drug and agriculture industries and as a result, it has impacted all segments of Canadian society. This thesis examines how Canadian society has dealt with the specific innovation of agricultural biotechnology, or the genetic modification of plants. The commercialization of genetically modified plants has resulted in regulatory challenges for the government, intellectual property and liability concerns for industry and consumer acceptance issues within the general public. By researching the interaction and relationships between government regulators, private firms and consumer organizations, it is possible to identify how Canada has reacted to the challenge of regulating agricultural biotechnology. The interdisciplinary framework necessary to accomplish this requires conceptual contributions from economics, political science and sociology. In the development of the innovation, or innovative product, the regulatory approval process requires a risk analysis for all new plant varieties. This risk analysis process is comprised of risk assessment, risk management and risk communication. This thesis argues that risk and the application of risk analysis is appropriate for pre-commercialization, but once the innovative product is in the marketplace, any failure regarding this product can be viewed as a potential liability. The management of and communication about liabilities differs from that of risk management and communication. The key theme of this research is to examine how regulators in Canada have attempted to regulate post-commercialization liabilities and to identify what governance structures or institutions are essential for the regulation of post-commercialization liabilities.

Innovation is the fundamental driver for the advancement of societies. The advent of the Industrial Revolution in the 17th century precipitated a dramatic increase in the rate of innovation. Societies of the time struggled in how to deal with the rapid changes that resulted from these innovations and their application. Present day society is no different. Innovations in todays society have the ability to be widely adopted and the potential to affect far larger segments of the population that previous innovations. The rapid rise of genetic modification is one such innovation. This innovative technology has been widely adopted by the drug and agriculture industries and as a result, it has impacted all segments of Canadian society. This thesis examines how Canadian society has dealt with the specific innovation of agricultural biotechnology, or the genetic modification of plants. The commercialization of genetically modified plants has resulted in regulatory challenges for the government, intellectual property and liability concerns for industry and consumer acceptance issues within the general public. By researching the interaction and relationships between government regulators, private firms and consumer organizations, it is possible to identify how Canada has reacted to the challenge of regulating agricultural biotechnology. The interdisciplinary framework necessary to accomplish this requires conceptual contributions from economics, political science and sociology. In the development of the innovation, or innovative product, the regulatory approval process requires a risk analysis for all new plant varieties. This risk analysis process is comprised of risk assessment, risk management and risk communication. This thesis argues that risk and the application of risk analysis is appropriate for pre-commercialization, but once the innovative product is in the marketplace, any failure regarding this product can be viewed as a potential liability. The management of and communication about liabilities differs from that of risk management and communication. The key theme of this research is to examine how regulators in Canada have attempted to regulate post-commercialization liabilities and to identify what governance structures or institutions are essential for the regulation of post-commercialization liabilities.

Univ., Diss.--Orléans, 2004.

Thesis (M. Eng. Sc.)--University of Queensland, 2002. / Includes bibliographical references.

No description available.

No description available.

<p>&quot / The following thesis investigates the MACR in African Legal Systems. The MACR is the youngest age at which children in conflict with the law find themselves caught up in the harsh realities of the criminal justice system. Up until recently, debates around fixing a MACR had been successfully side-stepped since the adoption of the UNCRC in 1989. The UNCRC has provided for human rights for children on a global scale while the ACRWC provides for such rights regionally. Contracting States Parties to these treaties agree that there needs to be a MACR in place and have adopted a childrens rights-based framework for reviewing their current child laws, policies and practices in accordance with the minimum standards provided. They do not however, agree on what the fixed minimum age should be...&quot / </p>