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Full-Text Articles in Law
In Mourning Of Bereavement Damages, Iain Field
In Mourning Of Bereavement Damages, Iain Field
Iain Field
In most Australian jurisdictions, bereavement is not compensable in an action for wrongful death. Unless such loss can be shown to amount to a recognised psychiatric injury, it is also precluded from recovery in the law of negligence. But why must a plaintiff demonstrate some reaction to the death of a loved one that transcends mere grief before the civil law will compensate his or her loss? Are Australian jurisdictions unusual in precluding such awards, and can this exclusion be rationalised with the compensation of non-pecuniary loss (including bereavement) in other areas of the law?
A Place At The Table: What Food Litigation Tells Us About The Function Of Tort Law, Melissa Mortazavi
A Place At The Table: What Food Litigation Tells Us About The Function Of Tort Law, Melissa Mortazavi
Melissa Mortazavi
No abstract provided.
Alter Rules Of Liability, Yaniv Heled
Who's The Boss? Unmasking Oversight Liability Within The Corporate Power Puzzle, Anne Tucker
Who's The Boss? Unmasking Oversight Liability Within The Corporate Power Puzzle, Anne Tucker
Anne Tucker
This article explores the competing interests between director authority and accountability within the doctrinal developments underpinning the arguments for and against director oversight liability. The historic losses suffered by companies entangled in the web of subprime mortgages, collateralized debt holdings, and the ensuing credit crisis have brought the role of corporate directors as risk managers under renewed public scrutiny. Directors' authority and their accountability to shareholders are two critical pieces to striking the appropriate balance among the roles, rights, and responsibilities of directors, officers, shareholders, and other corporate constituencies who operate within the corporate power puzzle. Numerous shareholder derivative suits …