摘要 :
The limited liability company (LLC) is regarded as a significant contributor to the national economy. Many people use it because they believe their liability is limited to the amount of their capital share. The UAE lawmaker recogn...
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The limited liability company (LLC) is regarded as a significant contributor to the national economy. Many people use it because they believe their liability is limited to the amount of their capital share. The UAE lawmaker recognized this in the Commercial Companies Law No. 32 of 2021, when it identified cases in which the partners’ liability for debts and obligations becomes personal and joint in the event of violation of the law or fraud by the partners or managers of the company. As a result, the capital is not the only guarantee for the creditors of the company. This study aims to analyze the legal texts and elucidate the cases in which the partners' liability is regarded personal and joint.
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Liability risks may embody far-reaching financial consequences for individuals, business enterprises and professional people. This paper focuses on the underwriting process which should be taken into consideration by short-term in...
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Liability risks may embody far-reaching financial consequences for individuals, business enterprises and professional people. This paper focuses on the underwriting process which should be taken into consideration by short-term insurers when they are underwriting the main types of liability insurance, which include employer’s, householder’s, personal, product, professional and public liability insurance. The improvement of financial decision-making by short-term insurers when underwriting liability insurance represents the objective of this research. A study of secondary data was done to identify the existing literature, which formed the basis for compiling a questionnaire to obtain primary data. The top 10 short-term insurers which are the market leaders of liability insurance in South Africa and who received more than 85% of the annual gross written premiums for liability insurance in South Africa, represented the sample of the empirical study. This paper highlights the importance of the underwriting factors concerning liability insurance, how often the stipulations of insurance policies should be adjusted by the short-term insurers to account for the underwriting factors, as well as the problem areas which the underwriters may experience when they are underwriting liability insurance. Possible solutions to solve the problem areas were also addressed.
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Where tortious conduct is attributed to a company such that the company is liable, there is also the possibility of the company's directors being jointly liable in relation to the tort. In the last century, the courts in England a...
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Where tortious conduct is attributed to a company such that the company is liable, there is also the possibility of the company's directors being jointly liable in relation to the tort. In the last century, the courts in England and other common law jurisdictions applied three tests in determining directors' tortious liabilities - the "direct and procure" test, the "make the tort his own" test and the "assumption of responsibility" test. One view, in relation to these tests, has proceeded upon the basis that the general principles of joint tortfeasance under common law principles of tort are either not applicable to directors or are applied differently to directors owing to company law doctrines of limited liability and separate entity. The perceived impact of these company law doctrines is that directors are not necessarily liable although they might otherwise be under tort law principles. The view that special rules on directors' liabilities are required because of principles of company law, as opposed to a straightforward application of common law principles of joint tortfeasance, is supported by various decisions in the common law world. However, more recent decisions in England and elsewhere, as exemplified by the cases of Standard Chartered Bank v Pakistan International Shipping Corp (No.2) and MCA Records Inc v Charly Records Ltd, have challenged that paradigm of directors' tortious liability by re-focusing the liability of directors within the framework of general principles of joint tortfeasance.3 It is argued in this article that this approach is the correct one, being supported both by the existing authorities in England and by an analysis of the principles and policy concerns involved.
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This article addresses the peculiar reluctance of courts to permit suits in negligence and strict liability against publishers for erroneous information that leads to harm. A narrow exception made for airplane landing charts combi...
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This article addresses the peculiar reluctance of courts to permit suits in negligence and strict liability against publishers for erroneous information that leads to harm. A narrow exception made for airplane landing charts combined with the change in delivery method of medical information is a wedge into medical publishing that will soon eliminate the safe harbor. As medical library Web sites actively participate in electronic delivery, they have the potential to be drawn in as endorsers or actual publishers of erroneous data.
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Purpose - The purpose of this paper is to demonstrate whether or not lenders are environmentally liable by the simple act of lending money. The concept of "lender liability" is one of the more critical issues which seems to be rea...
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Purpose - The purpose of this paper is to demonstrate whether or not lenders are environmentally liable by the simple act of lending money. The concept of "lender liability" is one of the more critical issues which seems to be ready to upset the "apple cart" of environmental calm, which the English law enjoyed until recently. Why should banks be held liable for pollution and clean-up costs? The banks' responsibility should end when it has granted the loan to the borrower to carry out its commercial activities. It is argued that a lender who becomes involved in the borrower's financial management is unlikely to incur a clean-up liability, but it will become liable to clean it up if it forecloses or takes possession of the land. Can the bank be regarded as the "owner" of the land? In some English statutes, there is no definition of the word "owner". Does a mortgagee in possession entitle him to ownership of the property to hold him responsible for liabilities for environmental harm? Design/methodology/approach - The development of domestic environmental liability and the Trans-Atlantic position with the USA will be examined. The "owner" concept will also be critically reviewed to see whether banks and mortgagees can be regarded as owners on possession of the property. The dilemma of the English courts with regards to lender issues and lender self-protection will also be examined. This will all be analysed and criticised in this paper. Findings - This paper aims to demonstrate whether or not lenders are environmentally liable by the simple act of lending money. It will also discuss "owner" concept to see whether banks and mortgagees can be regarded as owners on possession of the property. Originality/value - In this paper, the "owner" concept will be critically reviewed to see whether banks and mortgagees can be regarded as owners on possession of the property. The dilemma of the English courts with regards to lender issues and lender self-protection will also be critically analysed and compared with different legal systems.
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Transboundary pollution is an international problem. There are currently no adequate mechanisms under international law to balance the relationship between state sovereignty and state responsibility for transboundary pollution har...
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Transboundary pollution is an international problem. There are currently no adequate mechanisms under international law to balance the relationship between state sovereignty and state responsibility for transboundary pollution harm. The doctrine of liability fixation is at the core of state responsibility and plays an important role in transboundary environmental harm. What type of responsility, fault liability or strict liability should be adopted in state responsibility for transboundary pollution harm? Scholars have different viewpoints on this key issue, and states may have fundamentally different positions and differ widely in terms of both policy and substantive issues. There is uncertainty and variability in the drafting of international conventions on transboundary pollution harm. This article focuses on the normal international legal rules regarding the principle of imputation, and it analyses the advantages and disadvantages of adopting the principles of strict liability and fault liability, their value and the relationship between state responsibility and civil subject liability. This article aims to explain why it is necessary to change the direction of the doctrine of liability fixation of state responsibility in the convention on transboundary pollution harm, and it considers a new direction to adapt to the complex interests and demands of various countries. From the perspective of furthering the prevention of pollution and determining compensation for harm and constructing liability regimes for transboundary pollution, this article proposes the doctrine of the liability fixation of state responsibility and analyses the relevant trends and possible available options.
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This paper examines the recent proposal to eliminate the limited liability of company owners, in the context of the overall composition of the financial liabilities of firms. The traditional neo-classical view of the firm holds th...
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This paper examines the recent proposal to eliminate the limited liability of company owners, in the context of the overall composition of the financial liabilities of firms. The traditional neo-classical view of the firm holds that the relative price of different financing only affects the way in which firms finance their activities. However, the paper argues that the behaviour of different firms is affected by the composition of their financial liabilities. The elimination of limited liability for equity will tend to shift the structure of corporate liabilities towards debt instruments, which do have limited liability, or towards regular insurance premiums that would reallocate that liability among firms or shareholders. The paper concludes that this shift in liabilities may stabilise financial markets, and this may eliminate some of the increasing concentration on speculation that is a feature of financial market capitalism.
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Liability allocation in pollution incidents involving multiple polluters is a challenging task even in cases where thorough forensic investigation has been carried out. A two-stage liability allocation process, i.e., technical lia...
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Liability allocation in pollution incidents involving multiple polluters is a challenging task even in cases where thorough forensic investigation has been carried out. A two-stage liability allocation process, i.e., technical liability allocation carried out by technical experts followed by legal liability allocation, is suggested for adoption in such cases. The liability allocation may be required for the impacts of pollution and/or for remediation of the polluted site. The first stage of liability allocation, i.e., technical liability allocation is discussed in the paper. The study identified and evaluated the most relevant technical factors that should be considered for responsibility allocation. These factors, quantified from the results of an environmental forensic investigation, can be aggregated as 'Impact index' and 'Remediation index' for use in liability allocation. A method for the estimation of 'Impact index' and 'Remediation index' is suggested. The study argues that the overall liability allocation can be made more efficient and faster when the liability allocation is a two-stage process.
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Purpose - This study aims to use analogical reasoning to draw a conceptual link between liabilities in International Business (IB) and export barriers. Design/methodology/approach - Following a review of 130 articles on export bar...
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Purpose - This study aims to use analogical reasoning to draw a conceptual link between liabilities in International Business (IB) and export barriers. Design/methodology/approach - Following a review of 130 articles on export barriers, the study develops and applies a "liabilities" metonymy to connect the source construct (liabilities in the IB) and target subject (export barriers). Findings - Liabilities in the IB map to export barriers, and the concepts of liability of foreignness, liability of outsidership, liability of newness and liability of smallness can substitute export barriers. Practical implications - Adoption of metonymy creates new opportunities for enhancing theory development while offering alternative perspectives regarding coping mechanisms for overcoming export barriers. Originality/value - This, to the author's best knowledge, is the first study in the IB to theorize based on metonymy.
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Section 85 of the Water Resources Act 1991 affords a useful illustration of an environmental offence where the liability is strict. Given the absence of a due diligence defence in the statutory provision, it might be thought that ...
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Section 85 of the Water Resources Act 1991 affords a useful illustration of an environmental offence where the liability is strict. Given the absence of a due diligence defence in the statutory provision, it might be thought that liability borders on the absolute. This is not, however, the case. Various statutory defences are provided for in the Act itself. Thus, for example, no offence is committed where the discharge or entry into controlled waters of a polluting substance, etc. takes place in accordance with a discharge consent granted under the 1991 Act, or where it occurs in "an emergency in order to avoid danger to life or health" and certain specified requirements are met.
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