Civil And Criminal LiabilitiesI began this weblog October 30, 2005, and my site tracker reports that this weblog has now been visited much more than 1.189 million occasions. The Thai Copyright Act of 1994 states that if a juristic individual (a company) commits copyright infringement, all directors or managers are jointly liable for the offense. At least two provisions entail additional stringent liability of a copyright infringer, including the organization and its directors. In addition, corporate officers and directors are also topic to federal laws that explicitly regulate the initial and subsequent sale of securities by publicly traded businesses. This means that if a business is sued as a first defendant, its authorized directors may also be attached as additional defendants in the case.

Whoever was behind that hack and release of the video and texts on draft evening could face civil and criminal liability for their acts. Nevertheless, specific components have to … Read the rest >>>

Breach Of Statutory Duty Health And SafetyThe tort action for breach of statutory duty has been employed for a lot of years in instances of workplace injury, disease or death. Most overall health and security regulations are made beneath the Wellness and Security at Perform etc Act by the Secretary of State right after consultation with the Well being and Security Executive (HSE). To serve an improvement notice, an inspector should be of the opinion that there is a breach of relevant statutory provisions, or that there has been a breach that is most likely to be continued or repeated (e.g. a floor that has been poorly maintained in contravention of the requirements of the WHSWR 1992).

It will then be doable to ascertain no matter if the Government has accomplished its aim of decreasing the regulatory burden on enterprise and bringing frequent sense” into overall health and security matters. It also calls for employers and … Read the rest >>>

Concurrent LiabilityLord Justice Jackson has referred to as on the government to generate a single core limitation regime” for all claims in contract and tort, as advisable by the Law Commission. A contract may well expressly specify a duty which can give rise to a separate and actionable breach of contract. The initial and foremost question really should be regardless of whether there is a specific contractual duty designed by an express term of the contract which is co-extensive with the frequent law duty of care which the representee alleges the representor has breached. Hence, whether the complete agreement clause excludes Intrawest from liability for negligent misrepresentation is not very easily answered. By contrast, tortious claims permit all losses to be recovered which are reasonably foreseeable at the time the tort occurred.

In Henderson v. Merrett , Lord Goff laid down the present English position on concurrent liability, by holding that … Read the rest >>>

Civil Liability ConventionA CLC Certificate ought to be kept on board every Liberian registered vessel that carries more than two,000 tons of oil in bulk as cargo, in accordance with the provisions of Articles VII of the 1992 International Convention on Civil Liability for Oil Pollution damage. The 1971 Fund Convention offered for the payment of supplementary compensation to these who could not get complete compensation for oil pollution harm below the 1969 CLC. The Canadian Government’s claim for expenses and expenditures incurred is presented to, and paid by, the International Oil Pollution Compensation Fund. The consolidated text of CLC 1969, as modified by the 1992 Protocol, is referred to as the 1992 Civil Liability Convention.

Recognition of the problems that can be triggered by spills of heavy bunker fuel from non-tankers led to the adoption of the International Convention on Civil Liability for Bunker Oil Pollution Harm at a Diplomatic Conference … Read the rest >>>

Civil And Criminal LiabilitiesThis post examines the sensible legal aspects of working with martial arts methods although training in the dojo or in defending oneself on the street.  Consequently, reckless conduct knowingly perpetrated by directors of firms and banks alike that are in winding up/liquidation may possibly amount to criminal conduct. It empowers the banking commissioner to enforce the prohibitions and provides an array of criminal and civil treatments similar to those offered by the state securities law to be applied against violators. Business directors have tools at their disposal to assure that their businesses are compliant with software licensing terms. It includes separate criminal penalties for violation of this law (15 USCA § 78ff(c)).

Under present copyright law in Thailand, organizations, directors, and senior managers identified accountable for violations face fines of up to THB 800,000 and/or jail terms of up to 4 years, plus liability for the actual expense of the … Read the rest >>>