Law Commons^™

Civil Liability For Damage Resulting From Genetically Modified Organisms (Gmos): A Comparative Study, Dr. Abdul-Rahman Mohamed Salem

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

The most serious damage to human and other living organisms at present is the damage of genetically modified organisms, where they can eventually be used as weapons of mass destruction in the form of a bacteriological war that destroys human civilization, we will present the problem in terms of: Identification of genetically modified organisms by determining their scope, and to identify the aspects of the damage resulting from them, and how to compensate each type of species, whether it is related to plant, animal, human or the environment. We then present the legal basis for civil liability resulting from damage …

Mark Tink And Others V. Lumwana Mining Company Limited Caz Appeal No. 41/2021, Chanda Chungu

SAIPAR Case Review

The decision in Mark Tink and Others v. Lumwana Mining Company Limited is an important decision because it clarifies and restates that law that a valid reason, that is substantiated is required when an employer initiates termination of the contract of employment.

This article critiques the approach of the Court of Appeal as it relates to the award of damages. This article seeks to provide clarity as it relates to the award of damages, particularly the way is granted and justified. It is suggested that when the opportunity arises either the Court of Appeal or the Supreme Court should revise …

Surveying The Damage: A Study Of Damages Payouts By The Delhi High Court In Trademark Infringement Cases (2005-2014), Eashan Gosh

Indian Journal of Law and Technology

A comprehensive ten year study of damages awarded by the Delhi High Court in trademark infringement cases reveals the remarkable extent to which the quantum of damages can be correlated to the presence of certain factual criteria. It brings into sharp focus exactly how far the reasoning behind awarding and quantifying damages – often the biggest takeaway and most powerful deterrent in trademark infringement cases – has been rendered an afterthought. Commencing with a critical commentary on the headline damages payouts by the Delhi High Court in 1, I break down the significant statistical outcomes of damages awarded based on …

Understanding Loss Of (Right To) Use Damages: Defining Fair And Reasonable Compensation For Loss Of Use In Light Of Historical Origins And Practical Considerations, Matthew J. Forrest

Pace Law Review

Loss of use is fundamentally about the denial of property rights regardless of its intended use. Property ownership vests the owner with certain intrinsic rights, including the right to use or not use. When they are deprived of that choice through the tortious conduct of another, that deprivation is compensable. This Article reviews the historical origins of loss of use law to determine that tort victims denied the right to use their property must be compensated regardless of how they would have chosen to use their property. Because these damages do not depend on the owner’s actual use, loss of …

Mp Infrastructure Zambia Limited V. Matt Smith And Kenneth Barnes Caz Appeal No. 102/2020, Chanda Chungu

SAIPAR Case Review

No abstract provided.

Finance Bank And Rajan Mahtani V Simataa Simataa Scz Appeal No. 11/2017, Chanda Chungu

SAIPAR Case Review

The employer settled an employment dispute with its former employee out of court. They bound their former employee to a settlement agreement that he would not speak badly of the employer or testify against them in future. He subsequently testified against his former employer and the employer sued for a refund of the settlement amount.

The court was of the view that only nominal damages (equivalent to K500) would be awarded merely to show that there had been a breach of the agreement not to testify. However, the amount was limited to a small sum of nominal damages as loss …

Zambia Breweries Plc V. Betternow Family Limited Selected Judgment No. 48 Of 2016, Chanda Chungu

SAIPAR Case Review

This matter dealt with a distributorship contract between Zambia Breweries and Betternow Family Limited. Betternow paid K100, 000 as a pre-condition to trading Zambia Breweries’ products – but after three (3) months of trading, Zambia Breweries terminated the supply of its products to Betternow Family Limited.

In this case, the contract provided that the contract can be terminated with one month’s notice. The contract was cancelled by Zambia Breweries and Betternow Family Limited sued for breach of contract. The trial court awarded damages equivalent to the unserved or remaining period of the contract.

The Supreme Court held that: Any damages …

The Neuroscience Of Qualified Immunity, Gary S. Gildin

Dickinson Law Review (2017-Present)

Qualified immunity not only absolves public officials from accountability for the damages caused when they deprive a citizen of their constitutional rights; by virtue of companion doctrines shielding governmental entities from liability, conferral of immunity leaves the victim to bear the loss. Therefore, it is essential that the contours of immunity be carefully calibrated to align with its intended purposes.

The United States Supreme Court has continuously expanded immunity to protect the exercise of discretion where, albeit acting in violation of constitutional norms, the official could have reasonably believed their conduct was constitutional. This Article exposes the implicit assumptions as …

The Demise Of The Bivens Remedy Is Rendering Enforcement Of Federal Constitutional Rights Inequitable But Congress Can Fix It, Henry Rose

Faculty Publications & Other Works

A federal statute, 42 U.S.C. 1983, allows a person whose federal constitutional rights are violated by state actors to sue them for damages to compensate for the harm caused by the constitutional violations. There is no analogous federal statute that allows a person whose federal constitutional rights have been violated by federal actors to sue them for damages to compensate for the harm caused by the constitutional violations. The United States Supreme Court allowed Webster Bivens, a man who sued federal law enforcement officials for falsely arresting and physically abusing him in violation of his Fourth Amendment rights, to sue …

A Prescription For Crisis: Opioids, Patients, And The Controlled Substances Act, Dennis Davis

Mitchell Hamline Law Review

No abstract provided.

The Litigation Landscape Of Fraternity And Sorority Hazing: Defenses, Evidence, And Damages, Gregory S. Parks, Elizabeth Grindell

Washington and Lee Law Review

In recent years, increasing public and media attention has focused on hazing, especially in collegiate fraternities and sororities. Whether it is because of the deaths, major injuries, or litigation, both criminal and civil, collegiate fraternities and sororities have received increased scrutiny. In this Article, we explore a range of tactical considerations that lawyers must consider—from defenses to evidentiary concerns. We also explore how damages are contemplated in the context of hazing litigation.

A New Kind Of Mma Fight: Balancing Statutory Damages For Works In Compilations After The Music Modernization Act And The Rise Of Streaming Services, Alex Beezley

Saint Louis University Law Journal

Due to the ambiguous language of Section 504(c) of the Copyright Act of 1976, judges and legal scholars have been confounded for decades about how statutory damages should be distributed when the copyright of multiple items in a compilation has been infringed. Several circuits hold that separate statutory damages awards can be given for each item in a compilation that has been infringed if the items each have an economic value. In contrast, the Second Circuit holds that only one statutory damages award can be given for an infringed compilation unless the items contained within have been issued separately.

This …