the problem of compensating victims of traffic accidents is certainly one of the most important problems of a civil liability system. on the other hand, liability insurance is the main financial safeguard for the payment of the compensation of these victims. the old iranian law in this regard was passed on 1968. it had some merits and some inconveniences. it has been replaced by the new law of ...

nowadays, in order to apportion the risk and to avoid the vessels' delay, most of the voyage charters include provisions, either explicit or tacit, which binding the charterers to carry out loading and discharging operation in a designated time limit (laytime), urge them,in case of delay,to pay the owners an agreed amount (ie. demurrage).though, liability for demurrage rests with the chart...

No tort reform has more potential to improve the quality of medical care and to reduce the frequency of patient injuries than exclusive hospital enterprise liability. Hospital enterprise liability would make hospitals liable for all patient injuries occurring in the hospital that are the product of provider negligence, regardless of the independent contractor status of the providers. In its “ex...

In recent years, vendor liability for software security vulnerabilities has been the center of an important debate in the software community and a topic gaining government attention in legislative committees and hearings. The importance of this question surrounding vendor security liability is amplified when one considers the increasing emergence of “zero-day” attacks where hackers take advanta...

in the old law, the government had no civil liability and gradually through legal regimes mentioned this responsibility. in iranian law, civil liability of government is proposed apparently in article 11 of the law of civil liability that was adapted from old theory of the 19th century in french. however, the analysis of aforementioned article shows that the government's civil liability si...

The unique placement of midwives in the health care industry prompts renewed consideration of vicarious liability. Generally, vicarious liability is the liability of an employer for an employee's actions. A review of recent case law over the past decade shows limited case activity and indicates that the certified nurse-midwife/certified midwife (CNM/CM) roles do not create vicarious liability r...

THIS PAPER ANALYZES Section 304 of the Homeland Security Act of 2002,1 as amended in April 2003,2 which sets forth liability protection for participants in the current national smallpox vaccination program.3 It explains to nonlawyers the state of liability protection as it stands in mid-2003. Section 304 (or “the Homeland Security Act” or “the Act”) has been controversial since its enactment—in...

Copyright liability for webhosting will be a key determinant of the evolution of the Internet in years to come. Depending on their design, the legal rules that shape the liability of webhosts can stunt the development of the Internet as a medium of expression or enhance it. Hence, adopting the optimal liability regime is a matter of crucial importance. This Article proposes a radical change in ...

background: medical liability systems play an important role on doctors’ everyday practices and their relationship with patients. they can be established in two ways, fault-based and non-fault. basing medical liability upon the element of fault links it to various issues of medical ethics.  in this paper, we have studied the possible ways each system, could affect the applicability of values an...

Internet use is characterised by externalities, which means that it can be sufficiently profitable for criminal enterprises to flourish. One possible mechanism which could be considered to improve incentives is liability. We conduct a review of the literature relating to liability theory, liability online, and security economics in general and consider the impact that liability on any particula...