891 resultados para defence of proportionate liability
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Preface, by Christicola.--A summary of Hannah Barnard's faith, written by herself.--Remarks occasioned by a paper, called, a summary of Hannah Barnard's faith, [by] a lover of the truth as it is in Jesus.--Hannah Barnard's vindication of her summary, &c.--Some animadversions upon Hannah Barnard's defence of her summary, &c., [by] Christicola.
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Vol. 18-20 have imprint: Cape Town : South African Library.
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continued: ... XII. Historical documents and remarks (from December, 1799 to March, 1801) ; Trial of Cooper ; Emigration Society ; Washington's death ; Proceedings in Congress during the session which began December, 1799 ; Board of Commissioners ; Defence of the Quakers of Pennsylvania ; Farewell advertisement ; Prison eclogue ; Republican morality ; Jefferson's election ; Adam's public conduct ; Jefferson's character ; Convention concluded between America and France, in 1800 ; Proceedings in Congress during the session which ended in March, 1801 ; Index.
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Each tract has special t.p. with original imprint; to the imprint of the second tract is added: And now re-printed at London, by Robert Wilks ... 1811.
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"Of the series of Early years of Christianity the topics of the four volumes are as follows: I. Apostolic era ... II. Martyrs and apologists ... III. Doctrines and heresies; and IV. The church worship and Christian life."--Note by the American publishers.
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Includes the author's Dissertation on the progress of ethical philosophy, Review of the causes of the revolution of 1688, Vindicae Gallicae: a defence of the French revolution and its English admirers, against the accusations of the Right Hon. Edmund Burke; with book reviews, speeches in Parliament, etc.
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"October 22, and 23, 1985"--Pt. 1. -- May 13, 1986--pt. 2.
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Korea is one of the world's most volatile areas, not least because traditional UN mediation and peacekeeping missions are impossible. Having intervened in the Korean War on behalf of the southern side, the UN is a party to the conflict, rather than a neutral arbiter. The situation is particularly problematic because political interactions are characterized by a high degree of state-control over security policy. In both parts of the peninsula the state has, at least until recently, exercised the exclusive right to deal with the opponent on the other side of the hermetically divided peninsula. Given these domestic and international constrains, alternative approaches to conflict resolution are urgently needed. The recently proliferating literature on human security offers possible solutions, for it urges policy makers to view security beyond the conventional military-based defence of the state and its territory. Using such a conceptual framework, the essay assesses the potential significance non-state interactions between North and South, particularly those that promote communication, information exchange and face-to-face encounters. Even though these interactions remain limited, they are of crucial importance, for they provide an opportunity to reduce the stereotypical threat images that continue to fuel conflict on the peninsula.
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Context and Objective: Hip fracture is partially genetically determined. The present study was designed to examine the contributions of vitamin D receptor (VDR) and collagen I alpha 1 (COLIA1) genotypes to the liability to hip fracture in postmenopausal women. Design: The study was designed as a prospective population-based cohort investigation. Subjects: Six hundred seventy-seven postmenopausal women of Caucasian background, aged 70 +/- 7 yr (mean +/- SD), have been followed for up to 14 yr. Sixty-nine women had sustained a hip fracture during the period. Main Outcome: Atraumatic hip fractures were prospectively identified through radiologists' reports. Bone mineral density (BMD) at the hip and lumbar spine was measured by dual-energy x-ray absorptiometry. Genotypes: The TaqI and SpI COLIA1 polymorphisms of the VDR and COLIA1 genes were determined. Using the Single Nucleotide Polymorphism database, VDR TT, Tt, and tt genotypes were coded as TT, TC, and CC, whereas COLIA1 SS, Ss, and ss were coded as GG, GT, and TT. Results: Women with VDR CC genotype (16% prevalence) and COLIA1 TT genotype (5% prevalence) had an increased risk of hip fracture [odds ratio (OR) associated with CC, 2.6; 95% confidence interval (CI), 1.2-5.3; OR associated with TT, 3.8; 95% CI, 1.3-10.8] after adjustment for femoral neck BMD (OR, 3.4 per SD; 95% CI, 2.3-5.0) and age (OR, 1.4 per 5 yr; 95% CI, 1.1-1.7). Approximately 20 and 12% of the liability to hip fracture was attributable to the presence of the CC genotype and TT genotype, respectively. Conclusion: The VDR CC genotype and COLIA1 TT genotype were associated with increased hip fracture risk in Caucasian women, and this association was independent of BMD and age.
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This thesis is based upon a case study of the introduction of automated production technologies at the Longbridge plant of British Leyland in the period 1978 to 1980.The investment in automation was part of an overall programme of modernization to manufacture the new 'Mini Metro' model. In the first Section of the thesis, the different theoretical perspectives on technological change are discussed. Particular emphasis is placed upon the social role of management as the primary controllers of technological change. Their actions are seen to be oriented towards the overall strategy of the firm, integrating the firm's competitive strategy with production methods and techniques.This analysis is grounded in an examination of British Leyland's strategies during the 1970s.. The greater part of the thesis deals with the efforts made by management to secure their strategic objectives in the process of technological change against the conflicting claims of their work-force. Examination of these efforts is linked to the development of industrial relations conflict at Longbridge and in British Leyland as a whole.Emphasis is placed upon the struggle between management in pursuit of their version of efficiency and the trade unions in defence of job controls and demarcations. The thesis concludes that the process of technological change in the motor industry is controlled by social forces,with the introduction of new technologies being closely intertwined with management!s political relations with the trade unions.
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Case: Beardsley Theobalds Retirement Benefit Scheme Trustees v Yardley [2011] EWHC 1380 (QB) (QBD). The recent case of Beardsley Theobalds Retirement Benefit Scheme Trustees v Yardley, nicely illustrates, inter alia, the impact of the contractual defences of undue influence and the plea of non est factum in the context of avoiding liability under leasehold guarantees, within the setting of the landlord and tenant relationship. Additionally, the case also gives us an insight into the possible application of other technical defences relating to the law of formalities for leases. Judgment in this case was handed down on September 30, 2011.
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The proliferation of weapons of mass destruction (WMD), nuclear, biological and chemical (NBC) is one of the main security challenges facing the international community today. However the new Global Security Strategy of 2016 raises the question of non-proliferation of WMD only as an incidental matter, not addressing directly the threat, a fundamental threat in the regional and global security. This is a clear step backwards for the European common security.
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The ordinary principles of the law of negligence are applicable in the context of sport, including claims brought against volunteer and professional coaches. Adopting the perspective of the coach, this article intends to raise awareness of the emerging intersection between the law of negligence and sports coaching, by utilising an interdisciplinary analysis designed to better safeguard and reassure coaches mindful of legal liability. Detailed scrutiny of two cases concerning alleged negligent coaching, with complementary discussion of some of the ethical dilemmas facing modern coaches, reinforces the legal duty and obligation of all coaches to adopt objectively reasonable and justifiable coaching practices when interacting with athletes. Problematically, since research suggests that some coaching practice may be underpinned by “entrenched legitimacy” and “uncritical inertia”, it is argued that coach education and training should place a greater emphasis on developing a coach’s awareness and understanding of the evolving legal context in which they discharge the duty of care incumbent upon them.
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One of the intentions underpinning section 1 of the Compensation Act 2006 was to provide reassurance to individual volunteers, and voluntary organisations, involved in what the provision called ‘desirable activities’ and including sport. The perception was that such volunteers, motivated by an apprehension about their increased vulnerability to negligence liability, and as driven by a fear of a wider societal compensation culture, were engaging excessively in risk-averse behaviour to the detriment of such socially desirable activities. Academic commentary on section 1 of the Compensation Act 2006 has largely regarded the provision as unnecessary and doing little more than restating existing common law practice. This article argues otherwise and, on critically reviewing the emerging jurisprudence, posits the alternative view that section 1, in practice, affords an enhanced level of protection and safeguarding for individuals undertaking functions in connection with a desirable activity. Nonetheless, the occasionally idiosyncratic judicial interpretation given to term ‘desirable activity’, potentially compounded by recent enactment of the Social Action, Responsibility and Heroism Act 2015, remains problematic. Two points of interest will be used to inform this debate. First, an analysis of the then House of Lords’ decision in Tomlinson and its celebrated ‘balancing exercise’ when assessing reasonableness in the context of negligence liability. Second, a fuller analysis of the application of section 1 in the specific context of negligence actions relating to the coaching of sport where it is argued that the, albeit limited, jurisprudence might support the practical utility of a heightened evidential threshold of gross negligence.
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Two very different proposals on copyright policy – one a privately drafted document, the other a governmental report – are published in this edition of JIPITEC. There is an interesting point of intersection between them because they both consider the difficult question of the liability of online intermediaries for users’ infringements. The first document is “The Berlin Gedankenexperiment on the Restructuring of Copyright Law and Authors Rights”. This is a wide-ranging proposal for a complete recasting of the legal system that promotes the production of, and controls the use of, creative goods. The second policy document has a more limited focus. The French High Council for Literary and Artistic Property (“CSPLA”)’s Mission to Link Directives 2000/31 and 2001/29 – Report and Proposals (“Mission Report”) aims to provide a persuasive intervention in current policy discussions at European Union level concerning the liability or, more appropriately, the non-liability, of online intermediaries for copyright infringement. In this brief introduction, I outline the scope of both proposals and reflect briefly on their recommendations.