Results for 'liability'

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  1.  75
    Liability and risk.David McCarthy - 1996 - Philosophy and Public Affairs 25 (3):238-262.
    Standard theories of liability say that X is liable to Y only if Y was harmed, only if X caused Y harm, and (usually) only if X was at fault. This article offers a series of criticisms of each of these claims, and use them to construct an alternative theory of liability in which the nature of X's having imposed a risk of harm on Y is central to the question of when X is liable to Y, and (...)
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  2. Civil liability and the 50%+ standard of proof.Martin Smith - 2021 - International Journal of Evidence and Proof 25 (3):183-199.
    The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...)
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  3. Criminal Liability for Omissions - An Inventory of Issues.Larry Alexander - 2002 - In Stephen Shute & Andrew Simester (eds.), Criminal Law Theory: Doctrines of the General Part. Oxford University Press.
     
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  4. Liability to International Prosecution: The Nature of Universal Jurisdiction.Anthony Reeves - 2017 - European Journal of International Law 28 (4):1047-1067.
    The paper considers the proper method for theorizing about criminal jurisdiction. It challenges a received understanding of how to substantiate the right to punish, and articulates an alternative account of how that theoretical task is properly conducted. The received view says that a special relationship is the ground of a tribunal’s authority to prosecute and, hence, that a normative theory of that authority is faced with identifying a distinctive relation. The alternative account locates prosecutorial standing on an institution’s capacity to (...)
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  5. Defensive Liability Without Culpability.Saba Bazargan-Forward - 2016 - In Christian Coons & Michael Weber (eds.), The Ethics of Self- Defense. Oxford University Press.
    A minimally responsible threatener is someone who bears some responsibility for imposing an objectively wrongful threat, but whose responsibility does not rise to the level of culpability. Minimally responsible threateners include those who knowingly commit a wrongful harm under duress, those who are epistemically justified but mistaken in their belief that a morally risky activity will not cause a wrongful harm, and those who commit a harm while suffering from a cognitive impairment which makes it prohibitively difficult to recognize and (...)
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  6.  11
    Disciplinary Liability as a Background for Dismissal of Employees in Lithuania.Tomas Bagdanskis - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1485-1500.
    This article discusses the problematic aspects relating to the employee dismissal based on application of the disciplinary liability. It contains analysis of two grounds for termination of the employment contract without any previous notice: 1) imposing several disciplinary sanctions upon the employee in the course of twelve months, and 2) the employee has only one breach of labour discipline but a gross one. The article is based on legal acts and judgements of Judicial Assemblies of the Civil Division of (...)
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  7. Complicitous liability in war.Saba Bazargan - 2013 - Philosophical Studies 165 (1):177-195.
    Jeff McMahan has argued against the moral equivalence of combatants (MEC) by developing a liability-based account of killing in warfare. On this account, a combatant is morally liable to be killed only if doing so is an effective means of reducing or eliminating an unjust threat to which that combatant is contributing. Since combatants fighting for a just cause generally do not contribute to unjust threats, they are not morally liable to be killed; thus MEC is mistaken. The problem, (...)
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  8. Rights, Liability, and the Moral Equality of Combatants.Uwe Steinhoff - 2012 - The Journal of Ethics 16 (4):339-366.
    According to the dominant position in the just war tradition from Augustine to Anscombe and beyond, there is no "moral equality of combatants." That is, on the traditional view the combatants participating in a justified war may kill their enemy combatants participating in an unjustified war - but not vice versa (barring certain qualifications). I shall argue here, however, that in the large number of wars (and in practically all modern wars) where the combatants on the justified side violate the (...)
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  9.  19
    Defensive Liability: A Matter of Rights Enforcement, not Distributive Justice.Susanne Burri - 2022 - Criminal Law and Philosophy 16 (3):539-553.
    The Moral Responsibility Account of Liability to Defensive Harm (MRA) states that an agent becomes liable to defensive harm if, and only if, she engages in a foreseeably risk-imposing activity that subsequently threatens objectively unjustified harm. Advocates of the account contend that liability to defensive harm is best understood as an aspect of distributive justice. Individuals who are liable to some harm are not wronged if the harm is imposed on them, and liability to defensive harm thus (...)
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  10.  63
    Responsibility, liability, and lethal autonomous robots.Heather M. Roff - 2013 - In Fritz Allhoff, Nicholas Evans & Adam Henschke (eds.), Routledge Handbook of Ethics and War: Just War Theory in the 21st Century. Routledge. pp. 352.
  11.  2
    Tort Liability Under Uncertainty.Ariel Porat & Alex Stein - 2001 - Oxford University Press UK.
    The book provides a comprehensive and principled account of the uncertainty problem that arises in tort litigation. It presents and critically examines the existing doctrinal solutions of the problem, as evolved in England, the United States, Canada, and Israel, and also offers a number of original solutions, such as imposition of collective liability and liability for evidential damage. Among the issues dealt with by the book are rapidly developing areas of tort law, such as mass torts, liability (...)
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  12. Strict liability and the presumption of innocence: An exposé of functionalist assumptions.Paul Roberts - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press.
     
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  13.  8
    Contractual Liability: for Fault or Strict?Simona Selelionytė-Drukteinienė - 2011 - Jurisprudencija: Mokslo darbu žurnalas 18 (4):1417-1441.
    The author investigates the necessity of fault as the prerequisite of contractual civil liability. The author makes the conclusion that Lithuanian law, following most of the countries belonging to the civil law tradition and contrary to the common law systems, as well as Vienna convention, UNIDROIT principles, PECL and DCFR, begins with the theory that fault is a requirement for contractual liability. Strict liability in Lithuanian law is the exception of this general rule. Nevertheless, the author argues (...)
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  14.  90
    Liability and Responsibility: Essays in Law and Morals.R. G. Frey & Christopher W. Morris (eds.) - 1991 - Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability (...)
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  15. The Liability of Justified Attackers.Uwe Steinhoff - 2016 - Ethical Theory and Moral Practice 19 (4):1016-1030.
    McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about (...)
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  16.  8
    Criminal Liability for Unlawful Engagement in Economic, Commercial, Financial or Professional Activities: In Search of Optimal Criteria.Oleg Fedosiuk - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):301-317.
    This article focuses on the problem of criminal liability for unlawful engagement in economic activities, analyses the emergence and development of this norm in criminal law and the ways of its optimal explanation. Special attention is paid to the problem of identification of illegality of activities, based on specific tax and economic regulation. The study concludes that criminal liability must be limited to a violation of fundamental requirements for the legality of business, and does not include particular abuses (...)
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  17.  3
    Defensive Liability and the Moral Status Account.Gerald Lang - 2022 - Washington University Review of Philosophy 2:150-169.
    Jonathan Quong argues for the “moral status” account of defensive liability. According to the moral status account, what makes it the case that assailants lack rights against the imposition of defensive violence on them is that they are treating defenders as if those defenders lack rights against the imposition of aggressive violence on them. This “as if” condition can be met in some situations in which one person, A, commands very good but factually inaccurate evidence that another person, B, (...)
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  18. Liberty, liability, and contractualism.Andrew Williams - 2006 - In Nils Holtug & Kasper Lippert-Rasmussen (eds.), Egalitarianism: New Essays on the Nature and Value of Equality. Clarendon Press.
     
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  19.  30
    Liability, culpability, and luck.Dana Kay Nelkin - 2021 - Philosophical Studies 178 (11):3523-3541.
    This paper focuses on the role of culpability in determining the degree of liability to defensive harm, and asks whether there are any restrictions on when culpability is relevant to liability. A natural first suggestion is that it is only relevant when combined with an actual threat of harm in the situation in which defensive harm becomes salient as a means of protection. The paper begins by considering the question of whether two people are equally liable to defensive (...)
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  20.  28
    Partial liability.Alex Kaiserman - 2017 - Legal Theory 23 (1):1-26.
    In most cases, liability in tort law is all-or-nothing—a defendant is either fully liable or not at all liable for a claimant's loss. By contrast, this paper defends a causal theory of partial liability. I argue that a defendant should be held liable for a claimant's loss only to the degree to which the defendant's wrongdoing contributed to the causing of the loss. I ground this principle in a conception of tort law as a system of corrective justice (...)
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  21. Between Strict Liability and Blameworthy Quality of Will: Taking Responsibility’.Elinor Mason - 2019 - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility 6. pp. 241-264.
    This chapter discusses blameworthiness for problematic acts that an agent does inadvertently. Blameworthiness, as opposed to liability, is difficult to make sense of in this sort of case, as there is usually thought to be a tight connection between blameworthiness and something in the agent’s quality of will. This chapter argues that in personal relationships we should sometimes take responsibility for inadvertent actions. Taking on responsibility when we inadvertently fail in our duties to our loved ones assures them that (...)
     
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  22.  84
    Liability and Just Cause.Thomas Hurka - 2007 - Ethics and International Affairs 21 (2):199-218.
    This paper is a response to Jeff McMahan's "Just Cause for War". It defends a more permissive, and more traditional view of just war liability against McMahan's claims.
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  23. Strict liability, legal presumptions, and the presumption of innocence.R. A. Duff - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press. pp. 125-49.
  24. Liability: The Legal Revolution and Its Consequence. By Peter W. Huber. New York: Basic Books, 1988. [REVIEW]Clifton Perry - 1989 - Reason Papers 14:178-183.
     
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  25.  36
    Civilian Liability.Helen Frowe - 2019 - Ethics 129 (4):625-650.
    Adil Ahmad Haque argues that civilians who contribute to unjust lethal threats in war, but who do not directly participate in the war, are not liable to defensive killing. His argument rests on two central claims: first, that the extent of a person’s liability to defensive harm in virtue of contributing to an unjust threat is limited to the cost that she is initially required to bear in order to avoid contributing, and, second, that civilians need not bear lethal (...)
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  26.  37
    Liability for Robots: Sidestepping the Gaps.Bartek Chomanski - 2021 - Philosophy and Technology 34 (4):1013-1032.
    In this paper, I outline a proposal for assigning liability for autonomous machines modeled on the doctrine of respondeat superior. I argue that the machines’ users’ or designers’ liability should be determined by the manner in which the machines are created, which, in turn, should be responsive to considerations of the machines’ welfare interests. This approach has the twin virtues of promoting socially beneficial design of machines, and of taking their potential moral patiency seriously. I then argue for (...)
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  27. Liability to Defensive Harm.Jonathan Quong - 2012 - Philosophy and Public Affairs 40 (1):45-77.
  28.  54
    Criminal Liability as a Last Resort (Ultima Ratio): Theory and Reality.Oleg Fedosiuk - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):715-738.
    The modern Lithuanian legal doctrine recognises that criminal liability is a last resort (ultima ratio) protecting the society from various law violations. This idea has got deep roots in criminology and is obviously based on the position of rational approach towards the state criminal policy. However, it is not clear whether it is of obligatory legal status to the legislature and the courts. This article attempts to present the idea of a last resort as a concept based on the (...)
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  29.  58
    Liability in the Care of the Elderly.P. Iyer - 2004 - Appraisal 7 (2):124-131.
    This essay provides an overview of Poteat’s thought, beginning with his basic problem of the eradication of the embodied person from accounts of human knowing in the critical tradition. Poteat’s analysis of the move from “place” to “space” as the arena of living shows his procedure. I isolate six elements of the recovery of the person in his work: the necessity of his strange vocabulary, the need to embed knowing in time, the primacy of speech over writing, the centrality of (...)
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  30. The liabilities of mobility: A selection pressure for the transition to consciousness in animal evolution.Bjorn H. Merker - 2005 - Consciousness and Cognition 14 (1):89-114.
    The issue of the biological origin of consciousness is linked to that of its function. One source of evidence in this regard is the contrast between the types of information that are and are not included within its compass. Consciousness presents us with a stable arena for our actions—the world—but excludes awareness of the multiple sensory and sensorimotor transformations through which the image of that world is extracted from the confounding influence of self-produced motion of multiple receptor arrays mounted on (...)
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  31. Liability for corporate wrongdoing.James Dempsey - 2019 - In Christopher Cowton & James Dempsey (eds.), Business Ethics After the Global Financial Crisis: Lessons From the Crash. Routledge.
     
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  32. Individual Liability in War: A Response to Fabre, Leveringhaus and Tadros.Jeff Mcmahan - 2012 - Utilitas 24 (2):278-299.
    This article is a response to commentaries on my book, Killing in War, by Cécile Fabre, Alex Leveringhaus and Victor Tadros. It discusses the implications of the approach I have defended for the morality of war for such issues as internecine killing in war, humanitarian intervention and the bases of individual liability to attack in war.
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  33.  23
    Liability in the Care of the Elderly.P. Iyer - 2004 - Revista de Filosofía (Madrid) 33 (1):124-131.
    Las posturas dogmáticas y escépticas respecto al problema de las otras mentes comparten al menos un supuesto que las convierte en las dos caras de la misma moneda: pensar que el conocimiento de las otras mentes y el de la propia mente son idénticos. Cavell discute este supuesto compartido y el del mito de lo interno convirtiendo el problema de las otras mentes en un problema de auto conocimiento.
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  34.  46
    Proportionality, Liability, and Defensive Harm.Jonathan Quong - 2015 - Philosophy and Public Affairs 43 (2):144-173.
  35. Strict Liability for Criminal Offences in England and Wales Following Incorporation into English Law of the European Convention on Human Rights.G. R. Sullivan - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press.
     
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  36. State Liability for the Infringement of the Obligation to Refer for a Preliminary Ruling under the European Convention on Human Rights.Regina Valutytė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (1):7-20.
    The article deals with the question whether a state might be held liable for the infringement of the European Convention on Human Rights if its national court of last instance fails to implement the obligation to make a reference for a preliminary ruling to the Court of Justice of the European Union under the conditions laid down in Article 267 of the Treaty on the Functioning of the European Union and developed in the case-law of the Court. Relying on well-established (...)
     
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  37. Exploring Linguistic Liability.Emma Borg & Patrick Joseph Connolly - 2022 - In Ernest Lepore & David Sosa (eds.), Oxford Studies in Philosophy of Language Volume 2. Oxford University Press.
    There is a well-established social practice whereby we hold one another responsible for the things that we say. Speakers are held liable for the truth of the contents they express and they can be sanctioned and/or held to be unreliable or devious if it turns out what they say is false. In this paper chapter we argue that a better understanding of this fundamental socio-linguistic practice – of ascribing what we will term (following Borg (2019)) ‘linguistic liability’ – helps (...)
     
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  38.  6
    Criminal Liability for Negligent Accountancy.Justinas Sigitas Pečkaitis - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (1):343-357.
    This article presents the conception of negligent account management, analyses the rules of the criminal act that govern criminal liability for negligent account management, by focussing on the form of guilt and the problem of its content. The plenary session’s conclusion that the two offences – failure to administer bookkeeping and failure to protect the bookkeeping documents – can be committed both intentionally and negligently is disputed in this article. The adoption of the new Criminal Code in 2000, setting (...)
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  39.  26
    Material Liability of Public Servants in Lithuania: Theory and Practice.Violeta Kosmačaitė & Vidmantas Jurgaitis - 2013 - Jurisprudencija: Mokslo darbu žurnalas 20 (2):611-625.
    Legal acts of the Republic of Lithuania establish several types of material liability of workers engaged in labour (professional) relations: material liability applied pursuant to the Labour Code of the Republic of Lithuania (hereinafter referred to as the LC) and material liability applied pursuant to the Law on Public Service of the Republic of Lithuania (hereinafter referred to as the LPC). In the present article, theoretical and practical aspects of material liability of Lithuanian public servants for (...)
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  40. Criminal liability in a medical context: The treatment of good intentions.Andrew Ashworth - 1996 - In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press. pp. 173--93.
     
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  41. Legal liability and clinical ethics consultations: practical and philosophical considerations.Donnie J. Self & Joy D. Skeel - 1988 - In John F. Monagle & David C. Thomasma (eds.), Medical Ethics: A Guide for Health Professionals. Aspen Publishers. pp. 408--16.
     
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  42.  33
    Law, liability and expert systems.Dr Joseph A. Cannataci - 1989 - AI and Society 3 (3):169-183.
    This paper examines some of the possible legal implications of the production, marketing and use of expert systems. The relevance of a legally useful definition of expert systems, comprising systems designed for use both by laymen and professionals, is related to the distinctions inherent in the legal doctrine underlying provision of goods and provision of services. The liability of the sellers and users of, and contributors to, expert systems are examined in terms of professional malpractice as well as product (...)
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  43. Product Liability Reform: What Happened to.J. Prod Innov Manag - forthcoming - Substance.
     
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  44. Responsibility, Liability, Excuses and Blame.Alan White - 1973 - Studi Internazionali Di Filosofia 5:63-70.
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  45.  11
    Liability in the Law of Tort of Research Ethics Committees and Their Members.J. V. McHale - 2005 - Research Ethics 1 (2):53-59.
    The current rise in malpractice litigation has led to concern in the research community as to the prospect of litigation against researchers. Clearly as the responsibility for the day-to-day conduct of the research falls upon the researchers they will be potentially liable should there be negligence in the conduct of the research project itself. But to what extent can the research ethics committee and its members be held liable should harm result to the research subject? How far does the prospect (...)
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  46. Moral liability to defensive killing and symmetrical self-defense.David R. Mapel - 2010 - Journal of Political Philosophy 18 (2):198-217.
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  47. Products Liability: Must the Buyer Beware?Arthur Miller - forthcoming - Contemporary Issues in Business Ethics.
     
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  48.  13
    Problems of Liability for Breach of a Preliminary Agreement.Dangutė Ambrasienė & Indrė Kryžiūtė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):561-583.
    Due to its specificity, the legal institute of preliminary agreement poses a number of questions. This pre-contractual agreement is not yet a contract. Therefore, the form and scope of legal protection will not be the same as that guaranteed to contracting parties. However, the European legal systems would claim that the relationships between the parties during pre-contractual negotiations have to be regulated and protected by the law. The first part of this article deals with the legal nature of pre-contractual (...): tort, contractual or sui generis. The question of determining the type of applicable civil liability for breach of a preliminary agreement still remains a matter under debate in the Lithuanian legal doctrine as well as in legal practice. Taking into account the specific interest that may be infringed and the fact that the aggrieved party cannot recover the expectations it had in profit of the sought contract, including the remedy of the right of performance, there is nosufficient reason to apply contractual legal regime for breach of the preliminary agreement either. Hence, the special nature of the pre-contractual phase merits special treatment. In the Lithuanian legal system, liability for breach of a preliminary agreement should therefore be qualified as a separate sui generis kind of liability. In fact, the biggest problem is the scope of damages recoverable under the preliminary agreement. As far as the tendencies of a legal doctrine and jurisprudence of Lithuania and other countries are concerned, the aggrieved party should be compensated not only the direct expenses incurred during the negotiations, but also the value of lost opportunity, which must be based on real, proven, unavoidable income or expenses. It is not possible to claim the profit which would have resulted had the main contract been concluded (the so-called expectation damages). Recent tendencies show that the Lithuanian courts are prone to make no distinction between the concept of the lost opportunity to conclude a transaction with a third party (as reliance damages) and lost profits as expectation damages. The reason for such an interpretation is the fact that the value of lost opportunity can be determined by applying the principle of price difference provided in Article 6.258(5) of the Lithuanian Civil Code, which is used for contractual liability. This principle should be applied in accordance with the Commentary on the UNIDROIT Principles of International Commercial Contracts and in the context of the nature of the preliminary agreement. Therefore, the aggrieved party may claim compensation for damages in the amount of difference between the price of the contract that has not been concluded with a third party and the price of the replacement contract. Such an interpretation reflects the compensatory function of the recovery of the value of the lost opportunity. (shrink)
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  49.  44
    Liability to Deception and Manipulation: The Ethics of Undercover Policing.Christopher Nathan - 2017 - Journal of Applied Philosophy 34 (3):370-388.
    Does undercover police work inevitably wrong its targets? Or are undercover activities justified by a general security benefit? In this article I argue that people can make themselves liable to deception and manipulation. The debate on undercover policing will proceed more fruitfully if the tactic can be conceptualised along those lines, rather than as essentially ‘dirty hands’ activity, in which people are wronged in pursuit of a necessary good, or in instrumentalist terms, according to which the harms of undercover work (...)
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  50. Strict Liability, Justice and Proportionality.Douglas N. Husak - 2005 - In Andrew Simester (ed.), Appraising Strict Liability. Oxford University Press. pp. 81--104.
     
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