Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book thoroughly examines the law of 16 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.
This chapter highlights the complexity of economic analysis which examines whether, when and to what extent prescription law contributes to the efficiency of tort law or reduces it. It is complex because the of the many relevant aspects of efficiency: deterrence, loss spreading, litigation costs, costs of preserving evidence and financial reserves, clarity of financial situation and uncertainty aversion. It is further complicated by the cross-effects between these various aspects. The analysis leads to the following conclusions. As to the length of the general prescription period, there are good reasons to believe that relatively short prescription periods are efficient. As to rules of suspension, postponement of expiry and renewal of the pre-scription period, it appears that the overall efficiency of each rule depends on the degree of uncertainty that it generates, and on the number, size and the quality of the actions which it “saves” or is expected to save from prescription.The efficiency of the “long-stop” (ceiling) period, seems also to depend on the number, the size and the quality of claims that such a long-stop period pre-scribes or is expected to prescribe. It is further argued that the common intuition which tells us that prescription law is “bad” for plaintiffs is misleading. Potential and actual plaintiffs may well benefit from time limits that improve deterrence and loss spreading, increase their chances of winning and lowering the costs they incur.
The only comprehensive tort law book featuring real-life federal cases for the practicing pharmacist As tort law and tort liability cases, both civil and administrative, continue to increase in the pharmacy practice, now more than ever, it is imperative for students and practitioners to understand the civil liability a pharmacist may face. Between intentional torts, negligence, vicarious liability, defamation, invasion of privacy, and more, practitioners and practitioners-to-be need to grasp the intricacies of the law in this landscape of increased litigation. Pharmacy Practice and Tort Law introduces students not only to the civil action cases related to pharmacy practice, but also provides explanation on how tort rules apply to the facts of a given case. Each type of civil action is described in detail, outlining the elements that must be proven for successful litigation, followed by detailed explanation of actual federal cases and their outcomes, illustrating how a case can be successful or unsuccessful.
The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Get your highest score possible on the MPJE® with detailed state-specific guidance! Complete coverage of 20 states, plus federal regulations! Pharmacy Law is the perfect way to prepare for the MPJE Exam. It delivers a rigorous review of pharmacy-related statutes, rules, and regulations that impact pharmacy practice in twenty states as well as a summary of federal regulations that pertain to pharmacy law. Federal coverage includes summaries of must-know legislation such as the Federal Controlled Substances Act, the Federal Food, Drug & Cosmetics Act, and other relevant federal guidelines. State-specific chapters discuss important topics such as renewal of pharmacists’ licenses, qualifications, prescription transfers, inventory requirements, record-keeping, and prescriptive authority. Each chapter concludes with practice scenarios and questions with appropriate explanations. The Review You Need to Excel in These States: Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, North Carolina, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas & Wisconsin. Watch for future supplements with additional states.
