Faulting - Judgment Search Results

United States Vs. Reliable Transfer Co., Inc.

Court: US Supreme Court

..... its share of the blame or where proportionate degrees of fault cannot be measured and determined on a rational basis the ..... in the rule of divided damages and indeed a proportional fault rule would simply bring recovery for property damage in maritime ..... cannot at this late date confess error and adopt the proportional fault doctrine without congressional action the resolution to follow the divided .....

Time, Inc. Vs. Firestone

Court: US Supreme Court

..... in order to avoid the self censorship that would necessarily accompany strict or simple fault liability for erroneous statements rules governing liability for injury to reputation are required to ..... is applicable that concern requires that protection for rational interpretations be accorded under the fault standard contemplated in gertz thus my brothers powell and stewart while joining the opinion .....

Kannan Transport and anr. Vs. Mrs. Maria Arokiam and anr.

Court: Chennai

Reported in: (1991)126MLJ1

..... claim compensation referred to as the right on the principle of fault even in the paragraph relating to the reliefs prayed for the ..... pay the compensation based on the right of the principle of fault the object of the aforesaid provisions is clear in that though ..... pay compensation but the compensation based on the principle of no fault will have to be taken into account and adjusted while determining .....

Rani and Others Vs. Sivanathan and Another

Court: Chennai

..... the aforesaid considerations then most certainly the provision in question will fall under the no fault liability principle 12 for determination of the issue under consideration namely whether section 163a ..... xii of the act since the provisions under chapter xii are structured under the fault liability principle its alternative would also inferentially be founded under the same principle section .....

Thomas Vs. P.Sivasubramaniam

Court: Chennai

..... aforesaid considerations then most certainly the provision in question will fall under the quot no fault quot liability principle 12 for determination of the issue under consideration namely whether section ..... xii of the act since the provisions under chapter xii are structured under the quot fault quot liability principle its alternative would also inferentially be founded under the same principle .....

Kokla Devi Vs. Chet Ram and anr.

Court: Himachal Pradesh

Reported in: I(2002)ACC650,2002ACJ650

..... get compensation under section 163 a is additional to claim compensation on no fault liability sic fault liability is rejected for the following reasons 1 there is no specific provision ..... structural formula basis instead of paying the compensation by long drawn litigation after establishing fault liability section also begins with non obstante clause notwithstanding anything contained in this act .....

Edmonds Vs. Compagnie Generale Transatlantique

Court: US Supreme Court

..... of the diminished recovery obtained by his employer indeed unless the vessel s proportionate fault exceeded the ratio of compensation benefits to total damages the longshoreman would receive ..... negligence of both compare reliable transfer co apportionment of damages on basis of relative fault between plaintiff and defendant who concurrently caused grounding and the schooner catharine v dickinson .....

The Irrawaddy

Court: US Supreme Court

..... within the former rule the harter act by abolishing his constructive fault and freeing him from all responsibility withdraws him from the ..... who can contract with shippers against any liability for negligence or fault on the part of the officers and crew this inequality ..... when occasioned by an inevitable accident or in consequence of the fault of the captain that the parties having stipulated that the .....

La Bourgogne

Court: US Supreme Court

..... suppression of evidence under the circumstances of this case the fault of the officers and crew of the steamship la bourgogne ..... the costs incurred in determining whether the petitioner was at fault were given to the claimants while the costs incurred in ..... the various contentions pressed to sustain the proposition that the fault of immoderate speed which occasioned the collision was committed with .....

The L. P. Dayton

Court: US Supreme Court

..... your libellant alleges that both the steam tugs aforesaid were in fault in the following respects first neither tug boat observed the signals ..... and in the supplement filed thereto contained charging or imputing any fault or negligence whatever to the said float or those in charge ..... in each of the answers inconsistent with the general denials of fault in our opinion the burden of proof was upon the .....