Exploring Tort Law
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1 Builders Risk Insurance
BUILDERS RISK INSURANCE: Utilizing Builder’s Risk Policies to Help Settle Construction Defect Cases Finding the Oasis in the Desert Gregory N. Ziegler Rebecca M. Alcantar Katherine K. Valent MACDONALD DEVIN, P.C. I. What is Builder’s Risk insurance? Builder’s risk insurance is a unique form of first-party property insurance that typically covers a structure under construction, the materials and equipment used in construction, and the removal of debris of covered property damaged by a covered loss. Builder’s risk insurance policies are typically purchased by the project general contractor or the owner. It is sometimes called “course of construction” coverage because it is only intended to apply during the course of construction, erection, and fabrication of a structure until the construction is considered completed. Coverage typically commences on the “start date” of the project and ends when the work is completed. i. Who is covered? Builder’s risk policies cover the interests of owners, contractors, subcontractors and others involved in the construction project. While contractors and subcontractors are typically covered, it’s a good idea for contractors and subcontractors to request being named insureds on the policy. In comparison, liability insurance covers damage to third parties, such as passersby injured by construction or for damage to adjoining property. ii. What does it cover? Typically, it is written on an “all risks basis” and covers direct physical loss from all causes except those specifically excluded. This does not mean it covers everything, so it is important to look at the exclusions. Although it is typically limited to the construction site, an insured can request coverage for property stored off site and in-transit. -
Good Faith, Unconscionability and Reasonable Expectations S M Waddams* the Expression 'Good Faith' Makes Frequent Appearances in Contract Law
Good Faith, Unconscionability and Reasonable Expectations S M Waddams* The expression 'good faith' makes frequent appearances in contract law. The concept is firmly established in American jurisdictions because of its inclusion in the Uniform Commercial Code,1 and the Restatement of Contracts.2 It is in the new Quebec Civil Code.3 It forms an important part of many other civil law systems, and appears in a number of international documents applicable in common law jurisdictions.4 Several cases in Commonwealth jurisdictions have adopted it in various contexts.5 There has been much academic writing on good faith. English and Commonwealth writers have been divided in their opinions on whether the adoption of a general concept of good faith would be desirable.6 American writers, however, rarely discuss this question: the concept is sufficiently firmly fixed now for this to be of theoretical interest only.7 The focus of American writing is on what meaning should be given to the expression, and how it applies in different contexts. On a question of this sort, where the law is in many jurisdictions apparently in the process of change, two levels of analysis are necessary. It is of interest to examine the probable effect and utility of adopting, in English and Commonwealth law, a general doctrine of good faith. This process involves the identification of problems likely to be caused by the doctrine. It is of theoretical as well as of practical interest, and might well tend to suggest caution on the part of law reformers, legislative, judicial, and academic. But since the concept of good faith has found favour in several jurisdictions where it is unlikely to be decisively rejected, an equally important function of analysis is to suggest ways in which the problems of integrating good faith with other contractual concepts can be minimised. -
Practical and Substantive Aspects of Subrogation
PRACTICAL AND SUBSTANTIVE ASPECTS OF SUBROGATION Eric A. Dolden and Dan C. Richardson September 2015 [Author] © Dolden Wallace Folick LLP 1 CONTACT LAWYER Eric Dolden Dan Richardson 604.891.0350 604.891.5251 [email protected] [email protected] TABLE OF CONTENTS I. INTRODUCTORY COMMENTS ....................................................................................4 II. STATUTORY AND CONTRACTUAL PROVISIONS RECOGNIZING THE RIGHT OF SUBROGATION ....................................................6 1. Statutory Right of Subrogation ...........................................................................6 2. Contractual Right of Subrogation .......................................................................8 III. PROHIBITIONS ON SUBROGATION ........................................................................11 1. The Insurer As “Volunteer” ..............................................................................11 2. Covenants To Insure - The "Doctrine Of Legal Immunity” ..........................21 (a) Commercial tenancies ............................................................................22 (b) The scope of a covenant to insure .........................................................38 (c) Covenants to insure in other commercial settings .............................40 (d) Covenants to insure and indemnification ...........................................43 (e) "Legal immunity" in the statutory setting ...........................................45 (f) The liability of employees: Greenwood Shopping Plaza -
Autonomous Vehicles and AI-Chaperone Liability
Catholic University Law Review Volume 69 Issue 2 Spring 2020 Article 9 10-19-2020 Where We’re Going, We Don’t Need Drivers: Autonomous Vehicles and AI-Chaperone Liability Peter Y. Kim Follow this and additional works at: https://scholarship.law.edu/lawreview Part of the International Law Commons, and the Torts Commons Recommended Citation Peter Y. Kim, Where We’re Going, We Don’t Need Drivers: Autonomous Vehicles and AI-Chaperone Liability, 69 Cath. U. L. Rev. 341 (2020). Available at: https://scholarship.law.edu/lawreview/vol69/iss2/9 This Comments is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. Where We’re Going, We Don’t Need Drivers: Autonomous Vehicles and AI- Chaperone Liability Cover Page Footnote J.D., The Catholic University of America, Columbus School of Law, 2020; B.A., Boston College, 2009. The author gives thanks to God for giving him purpose, his family and friends for their lovingkindness, Professor Kathryn Kelly for her mentorship and priceless guidance, and the Catholic University Law Review editors and staffers for their care and support in revising this Comment. This comments is available in Catholic University Law Review: https://scholarship.law.edu/lawreview/vol69/iss2/9 WHERE WE’RE GOING, WE DON’T NEED DRIVERS: AUTONOMOUS VEHICLES AND AI-CHAPERONE LIABILITY Peter Y. Kim+ Unwittingly, Iggy Pop’s “The Passenger” -
THE 2X2 MATRIX of TORT REFORM's DISTRIBUTIONS
Brooklyn Law School BrooklynWorks Faculty Scholarship Winter 2011 The 2x2 aM trix of Tort Reform's Distributions Anita Bernstein Brooklyn Law School, [email protected] Follow this and additional works at: https://brooklynworks.brooklaw.edu/faculty Part of the Other Law Commons Recommended Citation 60 DePaul L. Rev. 273 (2010-2011) This Article is brought to you for free and open access by BrooklynWorks. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of BrooklynWorks. THE 2x2 MATRIX OF TORT REFORM'S DISTRIBUTIONS Anita Bernstein* INTRODUCTION From having lived, all persons know that predictability and unpre- dictability each enhance our human existence and also oppress us. We depend on predictability. Individuals and entities made up of human beings-a wide category that includes institutions, businesses, and societies-cannot flourish without schedules, routines, itineraries, habits, ground rules, inferences derived from premises, and protocols of engineering and design. Predictability makes trust and hope possi- ble: human life without it would be an abyss of terror, despair, and starvation. We would die if it disappeared. Unpredictability, for its part, complements predictability. It lifts our spirits, assuages our boredom, imparts wisdom, and (hand in hand with predictability) generates economic profit. It is present in every thrill we will ever live to feel. The dichotomous contrast of these two abstract nouns does some of the work of a related yet distinct juxtaposition: security -
Asset Tracing and Recovery Reassessed
Asset tracing and recovery reassessed Nicole Sandells QC Miles Harris 4 New Square Professional Liability & Regulatory Conference 4 February 2020 This material was provided for the 4 New Square Professional Liability & Regulatory Conference on 4 February 2020. It was not intended for use and must not be relied upon in relation to any particular matter and does not constitute legal advice. It has now been provided without responsibility by its authors. 4 NEW SQUARE T: +44 (0) 207 822 2000 LINCOLN’S INN F: +44 (0) 207 822 2001 LONDON WC2A 3RJ DX: LDE 1041 WWW.4NEWSQUARE.COM E: [email protected] Nicole Sandells QC Call: 1994 Silk: 2018 Nicole's practice in recent years has focused heavily on financial and property law, civil fraud, restitution, trusts, probate and equitable remedies alongside Chambers' mainstream professional indemnity work. She has significant experience of unjust enrichment, subrogation, breach of trust and fiduciary duty claims. She is never happier than when finding novel answers to tricky problems. Nicole is described as ‘a mega-brain, with encyclopaedic legal knowledge and the ability to cut through complex legal issues with ease’ and 'a master tactician who is exceptionally bright and has a fantastic ability to condense significant evidential information' (Legal 500). Apparently, she is also “exceptionally bright and a ferocious advocate. She gives tactical advice and is a pleasure to work with. Clients speak extremely highly of her.” “If you want someone to think outside of the box and really come up with an innovative position, then she’s an excellent choice.” – Chambers & Partners, 2020 Professional Negligence. -
The Impact of the Civil Jury on American Tort Law
Pepperdine Law Review Volume 38 Issue 2 Symposium: Does the World Still Need Article 8 United States Tort Law? Or Did it Ever? 2-15-2011 The Impact of the Civil Jury on American Tort Law Michael D. Green Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Torts Commons Recommended Citation Michael D. Green The Impact of the Civil Jury on American Tort Law, 38 Pepp. L. Rev. Iss. 2 (2011) Available at: https://digitalcommons.pepperdine.edu/plr/vol38/iss2/8 This Symposium is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. The Impact of the Civil Jury on American Tort Law Michael D. Green* I. INTRODUCTION II. USING No-DUTY WHEN THE COURT BELIEVES THAT THERE Is No NEGLIGENCE OR AN ABSENCE OF CAUSATION III. USING NO-DUTY IN A SIMILAR FASHION TO PART II, WHEN THERE ARE OTHER GOOD AND SUFFICIENT (BUT UNSPECIFIED) REASONS FOR No LIABILITY IV. EMPLOYING UNFORESEEABILITY TO CONCLUDE THAT THERE IS NO DUTY BASED ON CASE-SPECIFIC FACTS OF THE SORT THAT WOULD ORDINARILY BE FOR THE JURY OR OTHERWISE EMPLOYING UNFORESEEABILITY INAN INCOHERENT FASHION V. DESCRIBING THE DUTY DETERMINATION INFACT-SPECIFIC TERMS BEFORE CONCLUDING No DUTY EXISTS OR THAT A MORE STRINGENT DUTY THAN REASONABLE CARE APPLIES VI. CONCLUSION I. INTRODUCTION pruritus: the symptom of itching, an uncomfortable sensation leading to the urge to scratch. -
Practice Material on Wills
CAUTION The Professional Legal Training Course provides the Practice Material to users as an aid to developing entry level competence, with the understanding that neither the contributors nor the Professional Legal Training Course are providing legal or other professional advice. Practice Material users must exercise their professional judgment about the accuracy, utility and applicability of the material. In addition, the users must refer to the relevant legislation, case law, administrative guidelines, rules, and other primary sources. Forms and precedents are provided throughout the Practice Material. The users also must consider carefully their applicability to the client’s circumstances and their consistency with the client’s instructions. The Law Society of British Columbia and the Professional Legal Training Course can accept no responsibility for any errors or omissions in the Practice Material and expressly disclaim such responsibility. Professional Legal Training Course 2021 Practice Material Wills Recent Contributors: Allison A. Curley Denese Espeut-Post Deidre J. Herbert J. Jeffrey Locke Hugh S. McLellan Practice Material Editor: Katie McConchie September 2021 A requirement for admission to the bar of British Columbia, the Professional Legal Training Course is supported by grants from the Law Society of British Columbia and the Law Foundation of British Columbia. © 2021 The Law Society of British Columbia. See lawsociety.bc.ca > Terms of use. WILLS CONTENTS WILLS AND INTESTATE SUCCESSION [§1.01] The Estate 1 [§1.02] Disposition of Property by Will 2 [§1.03] Disposition of Property on Intestacy 2 1. Consequences of Intestacy 2 2. Intestacy Under WESA 3 3. Intestacy Under the Indian Act 5 [§1.04] Further Reading 6 FORMAL VALIDITY OF WILLS AND INTERPRETING WILLS [§2.01] Formalities 7 [§2.02] Curing Formal Deficiencies in a Will 7 [§2.03] Conflict of Law 8 [§2.04] Wills by Indigenous People 8 [§2.05] Revoking a Will 8 [§2.06] Altering a Will 9 [§2.07] Republishing and Reviving a Will 10 [§2.08] Special Types of Wills 10 1. -
Defective Work Claims
Defective Work Claims Jim Doyle Dip.CE, MIE (Aust) , BEc (Hons), LLB (Hons) Partner, Doyles Construction Lawyers Introduction A defective work claim is the most common claim made by owners. Unless otherwise stated in the contract, defective work entitles a building owner to rectify the defective work and/or claim damages against the builder in contract and/or at common law. The first part of this paper deals with the three identified periods within which defective work claim may be made. The second part will discuss the developing area of assessment of damages related to a defective work claim. The third part deals with grounds of defending a defective work claim. The aim of the paper is to outline what information must be sourced and principles followed to make or break a defective work claim. Time to Make Defect Claims There are three distinct periods in the progress of a building contract in which defective work claims can be made. The first period falls prior to the achievement of practical completion. The second period is subsequent to practical completion and during the defects liability period. The third period is after the issuance of the final certification of the building works. Defects Identified Prior to Practical Completion Different views have been expressed as to the status of defective work prior to practical completion. The suggestion that defects prior to practical completion were temporary disconformities 1 has not had many supporters. In fact, it is generally accepted that a contractor will be in immediate technical breach of contract whenever works fail to comply with contractual descriptions or requirements 2. -
BNP Paribas SA, Et Al
Case 1:16-cv-03228-AJN Document 193 Filed 02/16/21 Page 1 of 21 UNITED STATES DISTRICT COURT 2/16/21 SOUTHERN DISTRICT OF NEW YORK Entesar Osman Kashef, et al., Plaintiffs, 16-cv-3228 (AJN) –v– OPINION & ORDER BNP Paribas SA, et al., Defendants. ALISON J. NATHAN, District Judge: This putative class action is brought on behalf of victims of the Sudanese government’s campaign of human rights abuses from 1997 to 2009. Plaintiffs bring various state law claims against Defendant financial institution and its subsidiaries for assisting the Sudanese government in avoiding U.S. sanctions, which Plaintiffs claim provided the Regime with funding used to perpetrate the atrocities. The Court previously granted the Defendants’ motion to dismiss in light of the act of state doctrine and timeliness, but that decision was reversed by the Second Circuit. Dkt. Nos. 101, 106. Following remand, the Defendants renewed their motion to dismiss Plaintiffs’ Second Amended Complaint for failure to state a claim. For the reasons described in this opinion, the motion is granted in part and denied in part. I. BACKGROUND A. Factual Background Plaintiffs were victims of horrific human rights abuses undertaken by the Government of Sudan between 1997 and 2009, including “beatings, maiming, sexual assault, rape, infection with HIV, loss of property, displacement from their homes, and watching family members be killed.” Second Amended Complaint (“SAC”), Dkt. No. 49, ¶ 24; see also SAC ¶¶ 30-50 (outlining 1 Case 1:16-cv-03228-AJN Document 193 Filed 02/16/21 Page 2 of 21 specific abuses suffered by each representative Plaintiff). -
Revisiting the United States Application of Punitive Damages: Separating Myth from Reality
REVISITING THE UNITED STATES APPLICATION OF PUNITIVE DAMAGES: SEPARATING MYTH FROM REALITY Patrick S. Ryan* I. ABSTRACT ........................................ 70 II. INTRODUCTION ..................................... 70 m. THE UNFORTUNATE TENDENCY TO BELIEVE URBAN LEGENDS .......................................... 71 IV. THE PET IN THE MICROWAVE .......................... 72 V. PUNITIVE DAMAGES: THE UNDERLYING POLICY .......... 74 A. The Punishingand Deterrent Functions of Punitive Damages ...................................... 74 B. A Delicate Balance: Weighing "Enormity" of the Offense againstthe Wealth of the Defendant .......... 76 VI. THE MCDONALD'S CASE IN THE EUROPEAN PRESS ......... 76 A. McDonald's: The Facts ......................... 80 B. McDonald's: The New Mexico Trial Court Ruling .... 80 C. Calculationof Damages ......................... 82 D. McDonald's: The New Mexico Appeals Court Ruling & Settlement ............................. 82 VII. BMW v. GORE: THE FACTS AND THE ALABAMA TRIAL COURT RULING ..................................... 83 A. BMW v. Gore: The Alabama Supreme CourtRuling ... 84 B. BMW v. Gore: The United States Supreme Court R uling ........................................ 85 1. The First Guidepost: Degree of Reprehensibility.. 85 2. The Second Guidepost: Ratio Between Damages and Actual Harm ........................... 86 3. The Third Guidepost: A Review of Sanctions for Comparable Misconduct ..................... 87 C. BMW v. Gore: Remand to the Alabama Supreme Court ....................................... -
Architects and Engineers 2020 Policy Changes Enhanced Rectification Applicability
Victor and CNA Professional Liability Program 2020 Policy Changes TABLE OF CONTENTS Overview 1 Expansion of the Term Insured 2 Enhanced Rectification Applicability 3 Aggregated Defense Outside of the Limits 4 Update to Faulty Workmanship Exclusion 5 Carve-back to Transportation Exclusion 6 Most Favorable Jurisdiction 7 Subrogation Waiver Expanded 8 Liberalization of Current Policy Coverages 9 Overview 2020 Policy Changes • more effective responses to project proposals that require additional staffing; For more than 60 years, the Victor and CNA professional liability program has maintained a solid and stable base • maximum flexibility in acquiring the best talent; and policy while introducing innovative expansions of coverage. • assistance with management of colleague costs and As the design and construction industry has evolved, so benefits. has our policy. In addition, this new expansion of coverage can help you Significant changes to the 2020 version of the policy with: include: • transformational projects, such as when you have an • expansion of the term insured; expansive project that requires specific or functional • enhanced rectification applicability; areas of needed specialization; • availability of aggregated defense outside the limits; • overburdened deadlines, such as when you bring on workers to handle the rush of a particularly difficult • update to the faulty workmanship exclusion; project; and • carve-back to the transportation exclusion; • special connections, such as when you hire individuals • inclusion of most favorable jurisdiction; due to their relationships or connections with a specific project or owner. • expansion of the subrogation waiver; and At Victor and CNA, we strive to be active partners in • liberalization of current policy coverages. helping to grow your professional practice, and the design At its base, the professional liability policy provides and construction industry as a whole.