Search results for " Liability"
showing 10 items of 127 documents
International perspectives on radiology practice metrics: Australia, France, Germany, Japan, New Zealand, Spain, the UK and USA.
2014
INTRODUCTION The delivery of health care around the world is remarkably diverse in 2015. A comparison of the approximately 200 national entities on the planet reveals marked differences in national measures, both on the input side, such as health care spending, and in outcomes, such as life span. Using the percentage of gross domestic product as a metric for comparing health care spending, the current variation among nations is almost an order of magnitude, from the Marshall Islands and the United States at close to 20% to Myanmar at about 2% [1]. Outcomes are also highly variable, with an almost 2-fold difference in life span between the best and worst nations [2]. Within the nations repre…
Compensating acquitted pre-trial detainees
2015
Abstract Western legal systems are far from having provided the same solution to the problem of whether acquitted pre-trial detainees should be compensated for the harm suffered as a result of detention on remand. Various arguments have been formulated in order to justify or criticize this compensation, but the possible incentive effects of this compensation on criminal behavior has not yet been considered. This paper analyzes these effects, focusing on the case where detention was lawfully and diligently carried out by State agents, and not having been caused by negligence on the part of the detainee. The paper shows that such compensation can either deter crime or encourage it, depending …
Facial Emotion Recognition in Psychosis and Associations With Polygenic Risk for Schizophrenia
2022
The EU-GEI Project was funded by the European Community’s Seventh Framework Programme under grant agreement No. HEALTH-F2-2010-241909 (Project EU-GEI). The Brazilian study was funded by the Säo Paulo Research Foundation under grant number 2012/0417-0.
Jurisdiction and applicable law in cases of damage from space in Europe—The advent of the most suitable choice—Rome II
2010
Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities w…
Legal Liability of Professional Engineers: The Case of a Fire at a Shopping Center
2019
In this paper, the authors discuss the legal liabilities of the professional engineer as both the engineer of record of a project and the construction site manager. In particular, this paper analyzes the case of a fire at an end-user MV/LV substation of a shopping center in Italy, occurred a few years after maintenance works on the electrical installation. The professional engineer who had designed and overseen the construction of the substation was accused of criminal negligence. The authors through the examination of applicable technical standards, as well as of safety regulations, demonstrate that the professional engineer had acted diligently and that there was no ground for the neglige…
A Victim of a Road Traffic Accident Not Fastened by the Seat Belt and the EU Motor Insurance Law: CJEU Judgment in Vítor Hugo Marques Almeida
2013
This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the European Union law, its regulation falls within the national law. Yet, application of the national civil liability law shall not undermine the obligation to provide insurance coverage for victims of road traffic accidents. The discussed case concerns a situation when a victim who was not fastened by a seat belt at the moment of a motor traffic accident was injure…
Il danno da perdita dell'animale di affezione e le nuove frontiere del danno esistenziale
2023
Il saggio propone una riflessione sulla discussa fattispecie del danno da perdita dell’animale di affezione e sulle nuove frontiere del danno esistenziale, riconfigurato in termini di danno evento. La riflessione, alla luce delle nuove prospettive di tutela degli animali quali esseri sensienti, è suggerita dal nuovo articolo 13 del Trattato UE e dal recente inserimento della protezione degli animali nel nuovo testo dell’art. 9 della Costituzione. Nel caso del danno da perdita dell’animale di affezione, la violazione del diritto della persona viene riconosciuta attraverso una rilettura dell’art. 2 della Costituzione, sganciata dal vincolo formale di una previsione esplicita ed aperta all’ ev…
Optimal lending contracts
2016
This paper deals with financial contracting between a lender and a borrower with a project to finance. The borrower is protected by limited liability. We consider that the revenue from the project is observable and verifiable but its distribution is influenced by both the borrower’s choice of action and the project’s quality, which are private information. We find that debt contracts are endogenously optimal, as under moral hazard alone. Moreover, while moral hazard leads to credit rationing for the lowest-quality projects only, adding adverse selection creates a bang-bang result: either all projects or none are credit rationed.
Asset and Liability Management for Insurance Products with Minimum Guarantees: The UK Case
2006
Abstract Modern insurance products are becoming increasingly complex, offering various guarantees, surrender options and bonus provisions. A case in point are the with-profits insurance policies offered by UK insurers. While these policies have been offered in some form for centuries, in recent years their structure and management have become substantially more involved. The products are particularly complicated due to the wide discretion they afford insurers in determining the bonuses policyholders receive. In this paper, we study the problem of an insurance firm attempting to structure the portfolio underlying its with-profits fund. The resulting optimization problem, a non-linear program…
Capital Regulation with Heterogeneous Banks
2013
We provide a general equilibrium analysis of potential consequences from the introduction of a binding leverage ratio, as proposed in Basel III. If banks differ in their monitoring skills and their ability to successfully complete a risky investment project, a tighter leverage ratio does not only mitigate moral hazard arising from limited liability, but also carries an unintended consequence: Banks are not allowed to absorb the entire supply of debt if they cannot raise new equity, which induces agents with a lower monitoring skill to open a bank. This decreases the average ability of operating banks. We further show that rising heterogeneity in the banking sector increases this negative ef…