Legal liability Liabilities

It is sincerely hoped that the information presented in this document will lead to an even more impressive record for the entire industry however, the American Institute of Chemical Engineers, its consultants, CCPS Subcommittee members, their employers, their employers officers and directors, and Arthur D. Little, Inc., disclaim making or giving any warranties or representations, express or implied, including with respect to fitness, intended purpose, use or merchantability and/or correctness or accuracy of the content of the information presented in this document. As between (1) American Institute of Chemical Engineers, its consultants, CCPS Subcommittee members, their employers, their employers officers and directors, and Arthur D. Little, Inc., and (2) the user of this document, the user accepts any legal liability or responsibility whatsoever for the consequence of its use or misuse. 

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. 

Indemnity against legal liability to third parties against damages awarded for ... 

J. McLoughlin. "Risk and Legal Liability" mDealing with Risk, R. F. Griffiths, ed. New York John Wiley Sons, 1982. 

Johnson [17] identifies several topics related to liability, and she offers an important distinction as well. Among the topics related to liability and computer use in general are legal liability, the duty of honesty, the nature of contracts, misrepresentation, express and implied warranties, and negligence [17]. The relevant distinction concerns the nature of software as either a product or a service. Many of these topics hold little interest for the ethicist investigating computer ethics. For instance, legal liability is less important to philosophy than to jurisprudence. 

Property damages and legal liabilities are not the only sources of financial impacts a company may suffer at the time of an incident. Business interruption losses will also occur since the facility will not longer be able to function as intended. Analysis of insurance industry claims data shows that business interruption losses are generally three times the amount of physical property damage. Often the justification for a safety feature may not be the loss of the component itself but of the impact to operations and loss revenue it produces. 

MSDSs should be available from material suppliers. An Internet search will generally turn up MSDSs for most commercially available hazardous substances, but the above list of limitations, as well as technical and legal liabilities, must be kept in mind. Some companies subscribe to a service that provide MSDSs in a standard format. 

Badische decided to withdraw from direct participation in the American food color trade rather than submit to the requirements of FID 76. It opted instead to sell the dyes to middlemen such as Kohnstamm who could, after further purifying the dyes if desired, submit the guarantees and assume legal liability. The other German firms soon followed Badische1s lead. 

Legal liability concerns should never discourage reporting and investigation. 

The U.S. National Environmental Policy Act of 1969 required careful analysis of the consequences of any federally funded project. The Resource Conservation and Recovery Act (RCRA) of 1976 established guidelines for handling, transport, and hauling of hazardous materials, such as required in cleanup of soil contaminants. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 established, for the hrst time, strict mles on legal liability for soil contamination. CERCLA stimulated identihcation and cleanup of thousands of contaminated land sites, and consequently raised awareness of property buyers and sellers to make soil contamination a focal issue of land use and management practices (US-EPA 2007c). 

Should a study subject suffer any deterioration in health or well-being caused by participation in a study, the sponsors of the clinical research must provide appropriate compensation without regard to the question of legal liability. A statement to that effect should be present in the protocol. Frequently, the insurance policy of the sponsor includes the pharmaceutical company, clinical investigators and the institution where the clinical study is being undertaken. 

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