Healthcare Service Providers' Liability
Case comment - 6 pages - Civil law
Analysis of the Court of Cassation's decision regarding the liability of healthcare practitioners and manufacturers in cases involving defective medical products.
Inexcusable Fault of Victim in Traffic Accidents: Court of Cassation Ruling on Compensation Regime under Badinter Law
Case comment - 4 pages - Civil law
Unlock the nuances of traffic accident compensation under the Badinter law. Discover how the Court of Cassation's ruling on March 28, 2013, sheds light on the inexcusable fault of victims and its implications for driver responsibility and insurance claims. Learn about the rare admission of...
Compensation for Disabled Child's Birth
Case comment - 2 pages - Civil law
Court of Cassation ruling on compensation for damage resulting from the birth of a disabled child.
Court of Cassation Ruling on Causal Link in Medication Damage
Case comment - 3 pages - Civil law
The Court of Cassation's judgment on September 24, 2009, establishes the importance of a direct causal link in determining liability for damage caused by a medication.
Court of Cassation Quashes and Annuls Judgment on Grounds of Fair Trial and Retroactivity of Jurisprudence
Case comment - 2 pages - Civil law
In a landmark decision, the Court of Cassation has quashed and annulled a judgment rendered by the Court of Appeal, ruling that the immediate application of new case law imposing compliance with Article 53 of the Press Law would result in depriving the plaintiffs of a fair trial. The case...
Civil Liability of the Guardian of a Thing: The Role of the Victim's Fault
Case comment - 5 pages - Civil law
This document explores the concept of civil liability of the guardian of a thing, specifically in relation to the role of the victim's fault in determining the guardian's responsibility. It examines the mechanism of partial exoneration and its implications for the guardian's...
Brown v. Board of Education of Topeka, 347 U.S. 483 (1954) - Racial Discrimination in Public Schools
Case comment - 3 pages - Civil law
The Supreme Court decision in 1954 in Brown v. Board of Education sought to end racial discrimination in public schools so that black learners would attain similar educational opportunities as their white counterparts. While a civil rights victory, its impact on academic performance has been...
Plessy Vs Ferguson, 1896
Case comment - 5 pages - Civil law
Slavery was 'politically' abolished during the Civil War in 1863 by the 'Emancipation Proclamation' of President Lincoln, who used his formal powers in order to deprave the south of its first source of income. This was rather a pragmatic declaration than a real political decision....
High Court of Justice Chancery Division on 29th October 2008, Carr v Beavan: the testamentary capacity
Case comment - 4 pages - Civil law
The court has to focus on the testator mental capacity at the time of making his will, since a man diminished in physical and even mental strength may nevertheless make a valid will, provided that he was in possession of his full capacity at the precise time of the writing of the will. In order...
Breach of duty of care/ negligence in tort law: Mr J Madisson in Caparo v Dickman
Case comment - 4 pages - Civil law
The tort of negligence is one of the most important fields of tort law in modernized law. When a claimant suffers from an act or an omission on behalf of a third party, innumerable ways and means are proposed to impose liability on the defendant. It is essential and necessary for the claimant to...
