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MPA

MPA. LIABILITY Dr Anna Konert. Projekt : „Odpowiedź na wyzwania gospodarki opartej na wiedzy: nowy program nauczania na WSHiP”. Projekt współfinansowany ze środków Unii Europejskiej w ramach Europejskiego Funduszu Społecznego. DEFINITION.

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MPA

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  1. MPA LIABILITY Dr Anna Konert

  2. Projekt : „Odpowiedź na wyzwania gospodarki opartej na wiedzy: nowy program nauczania na WSHiP”. Projekt współfinansowany ze środków Unii Europejskiej w ramach Europejskiego Funduszu Społecznego.

  3. DEFINITION Legal liability is the legal bound obligation to pay debts

  4. Rodzaje odpowiedzialności Civil Liability Criminal Liability Political Liability Constitutional Liability International Liability of the States Moral Liability

  5. CivilLiability • Civil liability gives a person rights to obtain redress from another person e.g. theability to sue for damages for personal injury. • Civil Code 1964 • Art. 415 k.c. - fault liability

  6. CriminalLiability • Strict liability can be described as criminal or civil liability notwithstanding the lack mens rea or intent by the defendant. Not all crimes require specific intent, and the threshold of culpability required may be reduced. For example, it might be sufficient to show that a defendant acted negligently, rather than intentionally or recklessly.

  7. CriminalLiability In offenses of absolute liability, other than the prohibited act, it may not be necessary to show the act was intentional. Generally, crimes must include an intentional act, and "intent" is an element that must be proved in order to find a crime occurred. The idea of a "strict liability crime" is an oxymoron. The few exceptions are not truly crimes at all – but are administrative regulations and civil penalties created by statute, such as crimes against the traffic or highway code.

  8. CivilLiability Each EC country retains its own sovereign legal environment on the subject ofdamages. However, there are three major underlying legal cultures that govern European countries' laws: – Roman Law, Common Law and the law of the countries which were markedly influenced by the development of the law in Germany

  9. CivilLiability Contract liability – liability for non-performance of the contract Tort liability – when a delict was committed

  10. Types • Faultliability • Strictliability 3) Absoluteliability 4) Equity

  11. Burden of proof In general, the burden of proof for bothcausation and fault (and also for the damage) lies with the claimant However there is a “half” reversal method ofburden of proof- If either causation or fault has been proved then the still missingelement – fault or causation – is presumed

  12. Contributory negligence take into account the injuredperson’s contributory negligence and to reduce this person’s damages claimaccordingly However, the courts are reluctant to accept contributory negligence wherethe injured person relied, and was entitled to rely, on the superior knowledge and skill

  13. Projekt : „Odpowiedź na wyzwania gospodarki opartej na wiedzy: nowy program nauczania na WSHiP”. Projekt współfinansowany ze środków Unii Europejskiej w ramach Europejskiego Funduszu Społecznego.

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