Conflict of Laws
DECEMBER 20, 2021
It examines recent and pending legislation on value chain due diligence in selected countries and/or regional organisations. The research can be approached from the perspective of human rights law, public international law or private international law, including private law mechanisms (either in tort or in contract law).
Day on Torts
DECEMBER 5, 2022
Where there was material evidence to show that plaintiff met her required due diligence, the jury verdict for plaintiff on her intentional misrepresentation and fraud claim was affirmed. While defendant asserted that there was insufficient evidence to show that plaintiff did her due diligence, the Court disagreed.
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Conflict of Laws
OCTOBER 25, 2023
It contans the following articles: Horatia Muir Watt: Alterity in the Conflict of Laws. Importantly, law encodes the conditions that produce these dual somatic symptoms in our contemporary societies. One element of territorial sovereignty is the right to legislate in the field of private law.
Day on Torts
MAY 18, 2022
The tort claims in this case were subject to the three-year statute of limitations applicable to injuries to real property, and the Court of Appeals agreed that this limitations period would not be tolled by the discovery rule under the facts here. internal citation and quotations omitted).
Day on Torts
NOVEMBER 7, 2022
For HCLA claims, the discovery rule means that a “cause of action accrues when one discovers, or in the exercise of reasonable diligence should have discovered, both (1) that he or she has been injured by wrongful or tortious conduct and (2) the identity of the person or persons whose wrongful conduct caused the injury.”
Day on Torts
FEBRUARY 10, 2022
Under the discovery rule, the limitations period will begin to run when “(1) the plaintiff suffers an ‘actual injury’ as a result of the defendant’s allegedly wrongful conduct, and (2) the plaintiff knew or in the exercise of reasonable diligence should have known that its injury was caused by the defendant’s alleged wrongful conduct.”
Day on Torts
FEBRUARY 3, 2022
The trial court stated that “a reasonable person exercising reasonable diligence with the knowledge Plaintiff had and the position of Plaintiff would know that radiation was a treatment option for her cancer,” but the Court of Appeals wrote that it was “perplexed by this rationale.” Click on the link to see the book’s Table of Contents.
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