According to section 1 of chapter 5 of the Finnish Damages and Tort Liability Act of 1974, damages shall constitute compensation for the personal injury and damage to property.

(e) The tort of passing off

States with extensive tort reform still suffer all these pathologies.

(f) Defences and remedies under the tort of passing off.

The Court held the wording to be sufficiently broad to include tort claims, thus concluding for the power of the arbitral tribunal to award damages in tort.

The Working Group first focused on the question of covering tort receivables.

In addition, it was observed that a provision giving priority to the first assignee to register, if applied to tort receivables, might impair settlement in which all parties involved in a tort were supposed to participate (this would be particularly so if the registration would operate to establish a priority right even with regard to a future tort receivable).

After discussion, the Working Group confirmed its tentative decision that tort receivables should be covered and requested the Secretariat to reflect that decision by listing tort receivables in the scope provisions, possibly in draft article 2(2), and to prepare any additional provisions that might be necessary to address issues arising in an assignment of tort receivables.

In favour of addressing in the draft Convention the assignment of tort receivables, it was stated that there was a significant practice to assign tort receivables to insurers that was worth covering in the draft Convention.

(v) To introduce the concept of claims based on tort from Article 4 of the MLM Convention in paragraph 1 (a) (v) by including in parentheses the words based on tort after physical loss or damage .

The first involve an action for tort because the State allows the SGP to exist.

Objections were raised to the inclusion of provisions making the certification authority strictly liable. It was stated that strict liability was a deviation from the general principle of tort law whereby a person was liable for his or her own negligence and, as such, was accepted in national law for exceptional reasons of public interest, such as certain strict liability regimes of persons conducting unreasonably hazardous activities.

On the other hand, a number of concerns were expressed with regard to covering tort receivables.

Liability

As to the objection raised by the respondent that some of the issues were non arbitrable, including an allegation of conspiracy to harm all the plaintiffs, the Court observed that the New York Convention and the International Commercial Arbitration Act covered both contractual and non contractual commercial relationships, and that liability in tort was an arbitrable matter, provided that the relationship that created that liability was of a commercial nature.

Now for 20 years, tort reformers have been sounding the alarm that lawsuits are out of control.

Liability insurance

Liability Accounts

Liability accounts

In some cases, such liability extends to liability for environmental damage.

Looking at the situation today in many jurisdictions, this is something that is regulated by general tort law.

It was noted that that limitation of the tort receivables to be covered in the draft Convention was due to the fact that, in the absence of such a confirmation, a tort receivable arising from an illegal act was of no value for financing purposes.

1972 Liability Convention

Nature of liability

Limits of liability

Corporate criminal liability

(c) Aviation liability

(d) Demining liability.

Corporate criminal liability

Questions were raised concerning the nature of the liability of the certification authority, in particular whether such liability would be based on negligence or whether it would be defined as strict liability , a notion which was also referred to as objective liability or no fault liability .

Fourthly, liability principles should be based primarily on civil liability, and a liability regime ought consequently to impose liability on the operator in addition, there should be appropriate financial guarantees as proposed in draft principle 4.

Criminal liability of migrants

Liability of legal persons

Liability of the Tribunal

J. Question of liability

Note 3. Contingent liability

3. Liability and insurance

Minimum standard of liability

B. Liability for service

(b) Liability for service

2. Liability for service

VI. Demining liability policy

VII. Aviation liability policy

Third party liability insurance

Note 10. Contingent liability