Common law liability

Employers liability insurance protecting the toller against common law liability, in the absence of statutory liability, for employee injury arising out of the master-servant relationship with a specified limit per occurrence. 

A breach of duty under either common law or statute that causes injury or damage may result in those responsible having a legal liability to pay compensation (termed damages) to the aggrieved party. 

The liability of an employer to his or her employees in respect of injury arising out of or in the course of their employment usually falls for consideration under either common law (the law of tort) or statute. 

As stated in previous sections of this chapter, there exists at all times a statutory and common law duty on all employers (which includes all engineers) to maintain a safe working environment for all their employees and the public at large. Additionally, it is contractual obligation on the insured under liability insurance policies to maintain the best reasonable standards of working procedures, equipment and the environment at all times. Consequently, there is a duty on all engineers to conduct their... 

CPSA is a significant consumer safety law. It is part of U.S. legislative law and augments the common law and case of product liability. Purpose of the law is (1) to protect the public against unreasonable risks of injury... 

Regardless of what institutions govern human exposure to chemicals, residual exposure will exist. Risk-averse individuals will want to share that risk through insurance. Chapter 5 explains the operation of insurance markets, particularly environmental insurance markets. The federal "Superfund" program and certain court decisions have made insurers reluctant to write environmental insurance contracts. Until Congress and the courts stop confiscating wealth through arbitrary statutes and common-law decisions, the environmental liability insurance market will not work well. 

The MA for medicinal products shall not exclude the manufacturer s liabilities in common law, who is the title holder of the MA. 

Defendants in toxic tort litigation can and do assert a host of defenses in order to avoid liability. Some of these defenses substantively negate a specific cause of action, some limit claims against particular defendants, some arise in the law of procedure, some derive from the plaintiff s culpable conduct, and some arise because public law obligations can preempt the operation of common law. This chapter will conclude with brief descriptions of some of the important defenses that have been asserted in toxic tort cases. 

The defenses available to manufacturers in product liability actions vary, based on the respective common law or statutory provisions of jurisdiction in which the action is filed. However, certain legal principles commonly constitute a full or partial defense to product liability actions. 

Liability law in this country draws more from the common law precedents of previously de-... 

In most European countries the existing civil liability laws are based on fault or on the negligence concepts (in common law systems). However, in some countries new laws with a strict liability regime as a basis for liability have been enacted. In others, the case law theoretically based on the fault concept has led in some cases to a similar result. The duty of care that is to be considered under fault-based liability is interpreted in such a stringent manner that the difference between these regimes has shrunk. 

A manufacturer must look beyond the product liability statutes and regulations to determine the full scope of his duty to warn others of the potential risks his products may pose. He must also look at one of the most dynamic areas of law-those decisions of judges and juries which comprise the manufacturer s common law duty to warn others of the risks involved in using his product. 

The common law duty to warn is an area of the law where a court decision which was first thought to be an aberration is later seen as the start of a new trend. It can be a costly arena for the unwary manufacturer—in adverse damage awards, adverse publicity, and damaged reputation. Product liability in general is one of the fastest growing areas of the law, with an estimated... 

The legal framework also includes common law tort liability, as noted earlier, which threatens companies with compensatory and punitive damages for harms caused by their negligent actions, and in many of the courts where tort claims are brought, evidence that the harm arose from an activity that did not meet an applicable regulation is regarded as conclusive evidence of negligence. 

Thirdly, the most pronounced shifts towards corporate criminal liability, and the only examples of a sustained commitment to using these laws, have come from the common-law jurisdictions of the UK, the USA,... 

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