A presente pesquisa tem como objetivo analisar a responsabilidade do médico dentro do contexto doutrinário e jurisprudencial da atualidade e demonstrar, a partir da análise de ações judiciais por alegado erro médico, propostas perante o Poder Judiciário, que os direitos atribuídos ao consumidor pelo Código de Defesa do Consumidor, bem como as prerrogativas de facilitação do acesso ao judiciário atualmente são aplicados pelos profissionais do Direito ao exercício da atividade médica de forma generalizada, ou seja, tanto em relação às sociedades empresárias hospitais, clínicas e planos de saúde, quanto aos profissionais liberais, sem considerar que o §4º do artigo 14 do Código de Defesa do Consumidor, ao estabelecer como requisito para a responsabilidade do profissional liberal a comprovação de culpa (imprudência, negligência e imperícia), determina, a contrario sensu, a aplicação das normas do Código Civil, de forma que, também as prerrogativas de facilitação de acesso ao judiciário, exclusivas da legislação de consumo, não poderiam ser aplicadas ao exercício da atividade pelo profissional liberal. / This study aims at analyzing physicians responsibilities at both the doctrinal and jurisprudential levels to date. Thus, it also aims to show, from an analysis of alleged medical malpractice suits filed in the judiciary power, that the consumers rights guaranteed by the Code of Consumers Defense, as well as the privileges of access to the judiciary power, are currently applied by law professionals for the medical practice in a general way, meaning that both business corporations, hospitals, clinics and health insurance companies, as well as liberal professionals, not mentioning the fourth paragraph of clause 14 from the Code of Consumers Defense, which regulates liberal professionals responsibilities to establish guilt of imprudence, negligence or malpractice, it is, however, guided by the application of the rules from the Civil Code, in a sense that the privileges of access to the judiciary power could not be applied to the liberal Professionals medical practice, either.

Magister Legum - LLM / South Africa has seen a spike in medical malpractice litigation, including the number and size of claims instituted against healthcare practitioners. This has led to a backlog in medical malpractice court cases throughout South Africa and a strain on both the public and private healthcare sectors, affecting an already burdened healthcare system. The surge in medical malpractice litigation is not a new phenomenon in developed countries. Most have curbed this through alternative dispute resolution (ADR). This has been facilitated by effectively introducing efficient legal frameworks that promote ADR. Unfortunately, this is not the case in a developing country such as South Africa. To date, much research and literature has attributed blame for the large-scale increase in medical malpractice litigation to legal practitioners. This has been aided by comments made by the former Minister of Health, Dr Aaron Motsoaledi (Dr Motsoaledi). In as much as this may be the common perception, there appears, to the contrary, to be systematic problems in the South African healthcare system. The legal profession is only a minor contributing factor to the increase in medical malpractice litigation. The strained financial resources and shortage of healthcare staff in public hospitals contributes to the increased risk of medical malpractice cases. Furthermore, when considering the South African legal system, contingency fee arrangements have, in certain circumstances, increased vexatious litigation and, as such, it is on this basis that medical malpractice litigation has been on the increase in South African courts. This study seeks to analyse the current state of the South African healthcare system, and in light of the increasing number of medical practice claims and litigation, propose ADR mechanisms that offer efficient, cost effective, and expeditious channels to resolving these issues and to ensure that parties recognise the full benefits of ADR. This study proposes legal reform in medical malpractice litigation in South Africa. This thesis compares the experiences, legislative and policy frameworks in Australia and the United States of America (USA), in order to learn lessons that could assist South Africa in framing legislation and best practices for ADR. It contends that, in order to effectively develop and implement ADR to address medical malpractice litigation, it requires the involvement of the government, legislature, judiciary, legal profession and the public. It has identified court- iv annexed mediation as the appropriate ADR mechanism in addressing medical malpractice litigation.

Summaries in German and English / Die vorliegende Arbeit ist innerhalb der Praktischen Theologie den interdisziplinären Forschungsrichtungen „Christian Leadership" und Homiletik zuzuordnen, weil sie das Thema Verkündigung aus dem Aspekt der Leitung betrachtet. Es wird erklärt, dass die Predigt ein Akt der Kommunikation des Evangeliums und daher eine gute Botschaft in Form und Inhalt ist. Sie wird aber nicht selten als eine Motivationsrede genutzt, die inakzeptablen Druck auf die Hörer ausübt und ethische Fragen rund um Macht und Manipulation veranlasst. Um diese ethische Fragen zu berücksichtigen, werden fünf Predigten aus Freien Evangelischen Gemeinden in der Schweiz nach der „Heidelberger Methode“ der Predigtanalyse untersucht unter Beachtung der Wirkung von sprachlichen Stilmitteln. Die Analyse ergab, dass die Verkündiger ihre Hörer motivieren wollen – dies geschieht aber nicht immer auf eine dem Evangelium angemessene Art und Weise. Oft werden zu viele unterschiedliche Themen angesprochen und auch undurchführbare und überfordernde Aufträge an die Hörer vermittelt / The aspect of motivating through preaching is researched within the disciplines of Christian Leadership and Homiletics in Practical Theology. It is argued that the sermon is an act of communication, proclaiming the good news of Jesus Christ in form and content, but it also can be used as a motivational speech, often transforming the gospel one-sidedly into a law and putting pressure on the listeners. This brings certain ethical questions, such as the use of power and possible manipulation of the hearer, into the equation. With a view to these ethical questions, five sermons from pastors in Free Evangelical Congregations in Switzerland are analysed by means of an adapted version of the “Heidelberger Model of Preaching Analysis”, looking at the use of rhetoric and linguistic styling in order to motivate the listeners. The analyses show that preachers do not always succeed in motivating the listeners in a way that is appropriate to the gospel and that listeners sometimes are overloaded with impracticable or overtaxing expectations. / Practical Theology / M. Th. (Christian Leadership)

The purpose of this study is to gather and to present information on the liability structure of our legal system in such a manner as to help the classroom teacher to understand more fully his legal responsibilities and thus relieve him of unwarranted fears regarding accidents and injuries resulting from classroom activities. It is hoped that this study will ultimately contribute to the security of those who read it and give encouragement to those who seek to enrich their classes by means of the experience type curriculum. / Typescript. / "A Paper." / "Submitted to the Graduate Council of Florida State University in partial fulfillment of the requirements for the degree of Master of Science." / "August, 1956." / Advisor: Edna E. Parker, Professor Directing Paper. / Includes bibliographical references.

The possibility to report misconduct at your workplace is fundamental in the public sector. Studies about employees who blow the whistle have been made before but not from the perspective of the manager and how they handle it and what kind of support they have. The meaning of this study is from a manager perspective, in this case school leaders, is to see what kind of support they have and what role the school leader has, if they are representing the teachers or the political administration. Based on different theories concerning whistleblowing and different kinds of official types and organizational models, this study intends to answer where school leaders see themselves in the borderland between working based on the Education Act and based on the Local Government Act and the economic rule that prevail. The study also deals with the power perspective based on the school leader’s role in the own organization’s hierarchy, both as the highest in command at its school unit and as subordinate to an administration/board/owner. In this study, seven school leaders and one person who is very familiar with how the administration works with issues concerning misconduct are interviewed. Based on the answers from those interviews, it has been possible to draw some conclusions and see several common denominates among the respondents, including that school leaders rely more on their own profession when it comes to problem management than using the administration’s/head office’s collective expertise. / Möjligheten att rapportera missförhållanden på sin arbetsplats är en grundläggande del i den offentliga verksamheten. Visselblåsning gjorda av medarbetare har varit föremål för studier tidigare men chefens perspektiv av att kunna hantera dem och stödet de får när det sker finns inte dokumenterat i samma utsträckning. Syftet är att utifrån ett chefsperspektiv, i detta fall skolledare, undersöka det stöd som finns och vilken roll som skolledare främst företräder, lärarkåren eller huvudmannen. Utifrån olika teorier som rör visselblåsning och olika typer av tjänstepersonstyper samt organisationsmodeller ämnar denna undersökning svara på vad skolledare ser sig själva som i gränslandet mellan att arbeta utifrån skollagen och utifrån kommunallagen och de ekonomiska regler som råder där. Undersökningen behandlar även maktperspektivet utifrån skolledarens roll i den egna organisationens hierarki, både som högst ansvarig på sin skolenhet och som underställd en förvaltning/nämnd eller styrelse/ägare. I denna undersökning intervjuas sju skolledare och en person som är insatt i hur förvaltningen arbetar med frågor som rör missförhållanden. Utifrån intervjuerna har det gått att dra slutsatser och se flera gemensamma nämnare hos respondenterna, bland annat att skolledare förlitar sig mer på den egna professionen när det kommer till problemhantering än att använda sig av förvaltningens/huvudkontorets samlade expertis.

The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.

The purpose of this thesis is to develop a comprehensive process for identifying and addressing primarily constitutional, medico-legal and liability issues, and in addition ethical, social and scientific issues related to the psychiatric and psychology professions in South Africa. In fulfilling this purpose, a comprehensive search is conducted of relevant historical, ethical, philosophical and clinical aspects pertaining to psychiatry and psychology, as well as an evaluation of the current juridical framework regarding the legal liability of the psychiatrist and psychologist balanced against the constitutional rights of the mentally disordered patient in South Africa. Recommendations are made for the establishment of any new controls needed to mitigate and prevent the exposure of mentally disordered patients, further attempting to provide specific remedies to adapt the current juridical framework in South Africa. The examination is conducted within the framework of the South African and United Kingdom's legal systems. Focus is placed on aspects of medical law, human rights law (as envisaged in the Bill of Rights in the Constitution of the Republic of South Africa, 1996), criminal law and the law of delict and, to a lesser extent, administrative law and the law of evidence. / Law / LL.D.

Suretyships given in favour of banks are being challenged in the courts on the basis of equitable doctrines of unconscionable conduct, undue influence, or statutory provisions dealing with unfair conduct or unfair contract terms. This thesis is an enquiry into a bank's duties of disclosure or advice to an intending surety. Such an investigation also necessitates a study of the relationship between banker and customer, as the surety is quite often a customer of the bank as well, and, as a surety's obligation to the bank is an accessory obligation, the obligation is dependent on a valid principal obligation between the bank and the principal debtor - the customer. The face of modern banking has, however, changed dramatically and most major banks have become multi-functional. As a result, the banker-customer relationship may often be seen as a fiduciary relationship. A major problem brought about my multi-functioning banks is that of conflicts of interest between the bank and its customer. Furthermore, the banker-customer relationship is providing much more scope for lender liability than in the past. Various factors are currently having an impact on the law of contract, and this is expected to affect the legal policy makers in their assessments of whether a duty of disclosure of material facts exits or not. A surety has long been a favoured debtor in the eyes of the law, and the courts have developed a plethora of technical principles on which a surety can be relieved of his obligation. The escape routes of the surety, especially if he is a consumer as well, on the new grounds of public policy, unconscionability, good faith or unreasonableness, are growing. The results of these trends is the expected demise of suretyship as an acceptable, cheap form of debt security in the banking sector. / Jurisprudence / LL.D.

A sociological approach is used to analyze incidences of extreme opportunism in financial markets. Through an analysis of arguably the most widely publicized "rogue" trader events in recent history, a determination is made of the validity of explaining these events as aberrations, attributable to the actions of "rogues". The primary focus is the role of structural factors underlying these incidences of extreme opportunism in financial markets. A diverse range of documentary and other sources is used to avoid any form of bias as far as possible. It was found that structural factors act as countervailing forces to inhibit such behavior or as motivators and facilitators acting as catalysts for extreme opportunism. The balance between these factors largely determines the level of opportunistic behavior in a particular environment. Extreme opportunism is therefore not an aberration or "rogue" occurrence but a manageable phenomenon intrinsic to the social structural context within which it occurs. By conceptualizing these factors as countervailing forces one is forced to view structural factors, like compensation structures and formal and informal restraints, relative to one another and no longer in isolation. This realization translates into the conclusion that restraints and oversight systems for example, should be designed relative to the relevant motivators and facilitators in its area of application. In an environment where traders of highly geared financial products are motivated with multimillion USD incentive packages, a low budget oversight system and inexperienced regulatory staff, is clearly not the appropriate tools to control and manage extreme opportunism. / Criminology / D.Phil. (Sociology)

Computers have become indispensable in all walks of life, causing people to rely increasingly on their accurate performance. Defective computer programs, the incorrect use of computer programs and the non-use of computer programs can cause serious damage. Expert systems are an application of artificial intelligence techniques whereby the human reasoning process is simulated in a computer system, enabling the system to act as a human expert when executing a task. Expert systems are used by professional users as an aid in reaching a decision and by nonprofessional users to solve a problem or to decide upon a specific course of action. As such they can be compared to a consumer product through which professional services are sold. The various parties that may possibly be held liable in the event of damage suffered by the use of expert systems are identified as consisting of two main groups, namely the producers and the users. Because of the frequent exemption of liability for any consequential loss in standard form computer contracts, the injured user may often have only a delictual action at her disposal. The faultbased delictual actions in SA law give inadequate protection to unsuspecting software users who incur ·personal and property damage through the use of defective expert systems since it is almost impossible for an unsophisticated injured party to prove the negligence of the software developer during the technical production process. For this reason it is recommended that software liability be grounded on strict liability in analogy to the European Directive on Liability for Defective Products. It is also pointed out that software standards and quality assurance procedures have a major role to play in the determination of the elements of wrongfulness and negligence in software liability and that the software industry should be accorded professional status to ensure a safe standard of computer programming. / Private Law / LL.D.