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Full-Text Articles in Transnational Law

The Costs Of Legal Change, Michael P. Van Alstine Jul 2011

The Costs Of Legal Change, Michael P. Van Alstine

Michael P. Van Alstine

No abstract provided.


Proximate Cause In Maritime Insurance, Angelo Giampietro Avv. Mar 2011

Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.

Angelo Giampietro Avv.

The proximate cause in marine insurance is the “dominant cause” of the loss. It was decided per Bingham L J in T M Noten BV v Harding that the dominant cause of the loss is to be determined by “applying the common sense of a business or seafaring man.” In determining the proximate cause of the loss, The Court recognized that it had to find the cause that was proximate in efficiency, and to do so they had to apply the test of the sentence expressed by Bingham LJ. Nevertheless, at the light of the recent decision of the Supreme …