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The doctrine of special relationship affecting professionals and quasi-professionalsHussin, Mohamad Ab. Rahman January 1994 (has links)
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.
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TP savininkų ir valdytojų civilinės atsakomybės draudimas / Motor third party liability insuranceSaladūnienė, Ramunė 08 June 2005 (has links)
Motor Third Party Liability Insurance has appeared some years after serial production of cars was started. This kind of insurance was made obligatory in many European countries after it was noticed, that not all the drivers, who did harm to others or damaged their property, were able to suit civil liability claims and compensate damage.
The Lithuanian Motor Third Party Liability Insurance Law was accepted on June 14, 2001 and came into force on January 1, 2002; the demand to insure vehicle came into force after 3 months, on April 1. Lithuania was the last country in Europe, which brought into practice this obligatory kind of insurance.
In this work insurance markets of Lithuania, Latvia and Estonia are being compared. These markets were chosen because of economical and political situation: ex-members of USSR, similar living standards, no insurance market. After retrieving independence insurance companies were established little by little. The aim of this work is to show how insurance markets that started in the same conditions, later developed differently and to compare their present situation. Both: annual and average data is being used for the comparison.
In the first part of this work statistical data of Lithuanian, Latvian and Estonian insurance markets are compared: the number of insurance companies, average installment for a habitant, etc.
In the second part the contracts, signed by Lithuanian insurance companies each quarter, are studied as time series. Several time... [to full text]
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Modelování rent z pojištění odpovědnosti / Annuity modelling in MTPLEštóková, Agáta January 2012 (has links)
Title: Annuity modelling in MTPL Author: Bc. Agáta Eštóková Department: Department of Probability and Mathematical Statistics Supervisor: Mgr. Karolína Kočová Supervisor's e-mail address: kkocova@koop.cz Abstract: This diploma thesis focuses on the possibilities of using generational mortality tables for third party liability insurance, mainly for bodily injured. It describes the construction of generational mortality tables and the creation of RBNS claims reserves. Besides the demonstration of these models, the work analyzes the results of calculating reserves in accordance with generational mortality tables and actual mortality tables of the Czech Republic. An impor- tant element in provision calculating is the simulation of future life expectancy of the insured, i.e. random generation of life expectancy based on generational mortality data. Characteristics of the distribution of reserves are derived from simulations. Furthermore, we compare the results of stochastic and determi- nistic approach of computing the reserves. Keywords: third party liability insurance, RBNS, annuity, generational morta- lity tables.
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Determinanty vzniku pojistné události: případ povinného ručení / Determinants of claim occurrence: case of Motor Third Party Liability insuranceNovotný, Jakub January 2012 (has links)
In this paper the hypotheses related to individual variables used for segmentation of Motor Third Party Liability (MTPL) insurance by Czech insurance companies are tested. Summary of papers focused on this topic and development of insurance market segmentation in European Union are presented in the first part of this thesis. The first part of this paper is extended by the analysis of actual MTPL segmentation in Czech Republic. The estimation of marginal effects of exogenous variables on probability of occurrence a claim is described in empirical part. For the estimation of parameters I use the logistic regression. Specific models for small and large claims are created. The most significant variables positively correlated with probability of occurrence a claim are engine capacity, young age and region Prague. The most significant variables negatively correlated with probability of occurrence a claim are historical car, old age, number of months without any claim and region South Moravia. My results are compared to the results of other papers.
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Motivuje systém bonus-malus řidiče k větší zodpovědnosti na silnicích? / Does Bonus-Malus System Encourage Drivers to be More Responsible on the Roads?Línová, Veronika January 2010 (has links)
This thesis is focused on the question whether implementing of a malus policy into a bonus-malus system encourages drivers to be more responsible on the road. The drivers should be motivated to change their behaviour be aimed at decrease of reported insurance events because this system increases their premium whenever they are in an accident. To answer the given problem I used regression analysis with a random effects model and I analysed the drivers registered at insurance company Allianz in years 2000 - 2005. The result of this analysis shows that there was no change in the behaviour since the malus policy was introduced. The examined impact has been detected in case which was interacting with a different variable. The malus policy had the impact on a reduction of accidents in regions below 10 000 inhabitants. This thesis is also focused on the influence of driver characteristic and technical properties of his vehicle on reported insurance events. Tested variables are sex of the drivers, region of driver's residence, age and engine capacity. All explanatory variables have effect on the reported insurance events.
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A responsabilidade tributária de terceiros do artigo 135, III do CTN: da autonomia dos agentes com relação à pessoa jurídica que representamDias , Flávio Machado Vilhena 11 July 2016 (has links)
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Previous issue date: 2016-07-11 / This study aims firstly to evaluate the taxing power and constitutional limits for the election of taxpayers and responsible parties in a legal/tax relationship. It will address the importance of general rules for preserving the Federal State and the role of these rules in Tax Law. This study will also demonstrate the concepts gravitating around tax liability of third parties, especially those listed in subsection III of Article 135 of the National Tax Code. The existence of two distinct matrix rules will also be analyzed – one of tax obligation itself, and the other of tax liability, with different assumptions of facts - as well as the outline given to the matter by the Supreme Court. Lastly, it will be analyzed the role of the incident of disregard of legal entity established by the New Civil Procedure Code and its applicability to tax liability, and if precedent 435 of the Superior Court of Justice complies with the Constitution and current legislation. / O presente trabalho tem por objetivo, em um primeiro momento, avaliar a competência tributária e os limites constitucionais para eleição do sujeito passivo direto e indireto da relação jurídico-tributária. Abordará, ainda, a importância das normas gerais para a preservação do Estado Federal e o papel dessas normas no Direito Tributário. Demonstrará os conceitos que gravitam em torno da responsabilidade tributária de terceiros, notadamente aqueles listados no inciso III, do artigo 135 do Código Tributário Nacional. Será analisada, também, a existência de duas regras matrizes distintas, uma da obrigação tributária propriamente dita e outra da responsabilidade, com pressupostos de fatos distintos, bem como o contorno dado à matéria pelo Supremo Tribunal Federal. Por fim, será analisado o papel do incidente da desconsideração da personalidade jurídica instituído pelo Novo Código de Processo Civil e sua aplicabilidade na responsabilidade tributária, bem como se a súmula nº435 do Superior Tribunal de Justiça está de acordo com o Texto Constitucional e com a legislação em vigor
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Srovnání českého a kanadského systému pojištění automobilů / Comparison of the Czech and Canadian Automobile Insurance SystemKučera, Michal January 2011 (has links)
The thesis compares automobile insurance system in the Czech Republic with that of the province of Alberta, Canada. Automobile insurance system represents the framework consisting of third party liability coverage and first party coverages regardless of how many policies in total it is required to arrange. The first part of the thesis introduces the readers into automobile insurance system in the Czech Republic, the second part deals with the system being in existence in Alberta, Canada. The primary conclusion coming out of the thesis is the definition and explanation of the distinctions between the two systems, the consideration of implementing some components of the Canadian system into the Czech system (and conversely) is discussed afterwards.
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CASUALTY REINSURANCE EXPOSURE RATING / Casualty reinsurance exposure ratingTěšínská, Anna January 2014 (has links)
The main aim of this thesis is a development of ILF curves that can be used in the insurance industry when pricing general third party liability on the Czech market. Based on available data there are first estimated size of loss distribution functions used for following generating process. From generated data the increased limit factors are estimated and with a usage of Riebesell's parameterization ILF curves are derived. A substantial part of the thesis is a compilation of literature and the expansion of the statistical approach for estimating fair ILFs based on these data. Besides, the basis for the curves derivation are chapters describing basic theoretical knowledge in the field of reinsurance - in particular, the description of the basic types of reinsurance contracts, as well as the most common methods of a pricing. There is the whole mechanism of curves derivation described; their own use is then demonstrated with the example based on pseudoreal data.
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Profitabilita pojištění motorových vozidel na českém pojistném trhu / Motor insurance profitability in the czech insurance marketRoblová, Eliška January 2015 (has links)
The diploma thesis is focused on the motor damage and the motor third party liability insurance profitability evaluation of the czech insurance market. In the first part both the czech market devolopment and the current law-making issues with the evaluation of the czech market key indicators are briefly described. Next part of the thesis is focused on the non life insurance market quantitative characteristic in the period from 2003 to 2015. Next part of the thesis deals with the motor damage and the motor third party liability insurance characteristics. In the last two chapters the thesis examines the motor damage and the motor third party liability market with the following evaluation of their profitability by using the combined ratio indicator.
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Stanovení sazeb pojistného v neživotním pojištění / Pricing in non-life insuranceOndrušková, Markéta January 2014 (has links)
The aim of this thesis is to determine the premium of motor third party liability insurance. Thesis explores both direct approach to premium cal- culation and calculation using separately calculated claims frequency and claims severity. Emphasis is put on the use of generalized linear models whose theory is also present. Described approaches to calculation are applied on real world data, compared with each other and then final model for premium calculation is selec- ted. Premium is determined with the inclusion of IBNR reserves and expenses. Keywords: generalized linear model, claims frequency, claims severity, net pre- mium, gross premium, motor third party liability insurance, bonus-malus. 1
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