This book deals with incorporation, interpretation and validity of liability disclaimers (LD) in unilaterally drafted B2B-standard terms in DK (civil law), England (common law) and United States of America (mostly common law). I mainly analyze the remedy of damages. Other clauses may in reality function as LDs, why the same judicial methods, as a main rule, apply in regards to these clauses also. All three countries have similar approaches, however there are differences a lawyer should be aware about when drafting contracts in these countries and also on how a lawyer should deal with these clauses in matters of dispute.
This research paper shall examine from a comparative perspective the regime of product liability in Anglophone Cameroon and South Africa. It begins with an overview of product liability and illustrates on the concept. It further highlights the contractual and delictual basis for liability as well as the evolution of the no-fault liability regime and the extent of its application across jurisdictions. Chapter one shall discuss product liability in the English Speaking region of Cameroon where negligence is predominantly used as the basis for liability. Chapter two shall also examine product liability under the Republic of South Africa, where under the current legislation liability is still based on negligence. However a comparative study will be drawn from the test of determination of negligence which differs under Anglophone Cameroon and South Africa. Though at present South Africa utilizes negligence as a basis for liability, a new legislation has been promulgated into law which introduces the no-fault liability regime as the basis for liability as from April 1st 2011. Chapter three shall critically examine the no-fault liability regime or strict liability under Act 68 of 2008,
In a number of important decisions such as Stovin v. Wise,X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issue of tortious liability of statutory bodies. Following the Hill decision, they opted for a wide non-liability rule on a variety of policy and economic efficiency grounds. Yet many of their arguments have been considered and rejected by both German and French courts when deciding factually equivalent situations. This study analyses five leading English cases in a comparative and economic way and questions the validity of their assumptions as well as their arguments in the light of the recent important decision of the Strasbourg Court of Human Rights in Osman v. UK. This thought-provoking book, written by two English academics from Oxford and Cambridge Universities, in collaboration with two leading authorities from the Universities of Paris and Munich, should provide food for thought for judges, practitioners, academics and students for years to come. This book will be essential reading for scholars and practitioners interested in public law, human rights, comparative methodology, and tort law.
Regulating Sweden – A Comparative Study of Occupational Safety & Health Policy
The functions of a business enterprise centres around three important activities; the finance, production and marketing. Most crucial decisions of the firm however, are related to the finance, the management of which is an important parameter of measuring its performance. Finances are required for effective management of any organisation which is committed to a cause in the public life. The financial functions of a firm includes raising of funds, investing them in assets and distributing returns among its shareholders, which we call financing, investment and dividend decisions.
International relations, especially in the Middle East, will define our generation's period in history. This study focuses on the sociopolitical and historical influences on the foreign policy decisions and intelligence actions of Iran, Israel, and Saudi Arabia. By understanding the culture of these diverse nations in the Middle East, we can better understand the region and and the way it chooses to influence the world.
Beyond Sacred Violence – A Comparative Study of Sacrifice
It has long been held that conditions in the Roman economy resembled those found in early modern Europe. In a groundbreaking new study, Peter Bang interrogates this claim and argues that Roman trade and markets could more accurately be compared to those of the Mughal Empire in India.
The Law of Primitive Man – A Study in Comparative Legal Dynamics
Vietnam & the Chinese Model – A Comparative Study of Nguyen & Ching
Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order’s approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.
This study was undertaken to compare biodiversity in community managed forest and national park forest of western lowland of Nepal. Vegetation were sampled by transact methods whereas auditory and visual identification was used to record the birds. Checklist of the fauna diversity was also made on the basis of encounter, presence of sign, pellets, scats, pugmarks, and crop depredation rate by the wild animals in the area.
The main objectives of "A Comparative Study of Working Capital Management" is to examine the management of working capital and its impact on overall financial position of two banks namely Standard Chartered Bank Nepal Limited and Himalayan Bank Limited. It describes the position of current assets and current liabilities, composition of working capital, assets utilization and profitability position of the both. It also presents a brief conceptual framework about working capital management.It should prove usefulness to students, researchers, shareholders, policy makers and all those who are interested to gain knowledge about working capital management.
In digital Image Processing, removal of noise is a highly demanded area of research. Impulsive noise is common in images which arise at the time of image acquisition and or transmission of images. This book focuses on the removal of the impulse noise with the preservation of edge sharpness and image details which is considered as the one of the most difficult tasks in image processing. Material is timely, highly readable, and illustrated with numerous examples of practical significance. Simulations and comparisons are done with competent schemes. The book is completely self-contained.Few Features • Numerous examples with processed images of higher resolution. • A reorganization that allows the reader to get to the material on actual image processing much sooner than before. • A more intuitive development of traditional topics such as image restoration. • Updated bibliography.