Topic
Principal (commercial law)
About: Principal (commercial law) is a research topic. Over the lifetime, 1579 publications have been published within this topic receiving 35379 citations. The topic is also known as: Principal (commercial law).
Papers published on a yearly basis
Papers
More filters
•
01 Jan 2001
TL;DR: In this article, the authors focus on the following aspects of risk management in Australian national park agencies: risk management policies; risk identification procedures; incidents and claims; risk management training; risk inspections; legal advice; transfer of risk for commercial and non-commercial activities; and restriction of liability.
Abstract: Risk management and public liability is an emerging priority for many public authorities including Australia’s national park agencies. The increased awareness of the need for risk management by park agencies is the product of several landmark public liability cases in Australia and New Zealand, which have resulted in significant costs for the park agencies involved. In recent years, there has also been a rise in the number of minor liability cases, signalling an increasingly litigious society, and the need for parks to develop a more strategic approach to risk management.
This report focuses on the following aspects of risk management in Australian national park agencies: risk management policies; risk identification procedures; incidents and claims; risk management training; risk inspections; legal advice; transfer of risk for commercial and non-commercial activities; and restriction of liability.
Additional information is available in the working paper on ‘Visitor Risk Management and Public Liability’ produced by the ANZECC Working Group on National Parks and Protected Area Management, Benchmarking and Best Practice Program (WACALM, 1998).
Parks agencies are occupiers of land. Parks agencies are responsible for the care, control and management of national parks and other protected areas, and are viewed in legal terms as the occupiers of those areas, even though they do not hold any estate or interest in real property. As occupiers, they may be liable for injuries suffered by users of protected areas if they breach their duty to take reasonable care for the safety of those who enter upon their land (PWCNT, 1995:12).
Parks agencies have a duty of care to visitors. It is the responsibility of parks agencies to ensure that visitors are not exposed to situations where there is a real risk of incurring injury; or where this is not possible, to ensure that visitors are appropriately warned regarding the potential risks associated with a situation or place (PWCNT, 1995:12). Parks agencies may have duties of care under contract, statute or common law (Davies, 1998).
If it is established that a duty of care exists, then to determine if that duty of care has been breached typically involves two issues: whether the risk was foreseeable; and ii) if it was, whether the agency took reasonable measures to minimise it. The principal sources of uncertainty arise from legal interpretations of forseeability and reasonableness.
4 citations
••
4 citations
••
TL;DR: In this paper, the authors show that even in the "golden age" of accounting contracts, external normative definition was essential to the enforcement of accounting-based agreements and conclude that abandoning non-contractual legal approaches would not release accounting relations from external normative choices.
4 citations
••
19 Apr 2016TL;DR: The criminal law enforcement policy (PHP), currently associated, corporations as subject's perpetrators of corruption (TPK) include PHP in the formulation stage, the application stage and the execution stage.
Abstract: The criminal law enforcement policy (PHP), currently associated, corporations as subject’s perpetrators of corruption (TPK) include PHP in the formulation stage, the application stage and the execution stage. PHP formulation stage (in abstracto) is based on Article 20 of Law on Corruption which should be a strong legal basis to hold corporations as subjects of TPK, TPK equivalent to the subject of TPK doers of civil servants and individuals. PHP application stage (in concreto) indicates that the corporation as the subject TPK doers very rarely applied / applied to account for the corporation as a principal TPK arguing that criminal sanctions can be imposed is limited; the difficulty of proving corporation fault; the difficulty of law enforcement officers discovered the theory / doctrine and legal basis of corporate errors. Development of PHP policy streamline corporation as the subject doers of TPK in the future related to the renewal of substance, structure and legal culture of corruption and streamline the corporation as a subject the perpetrator TPK. Renewal terms of substance related to the formulation of criminal crime, fault / criminal liability as well as criminal and punishment (strafsoort, strafmat and strafmodus / modaliteit); Renewal in terms of the legal structure of corruption related to the need for law enforcement agencies that further enhance the insight to streamline the corporation as a subject TPK; the need to retain the presence of the Corruption Eradication Commission (KPK); corporate case handling is done by a special team; maximizing the expert testimony; maintain the Police Commission, the Prosecutorial Commission and the Judicial Commission of the role to supervise the conduct of law enforcement. Renewal in terms of legal culture of corruption, which need to be considered more attention to the educational curriculum of character education (mental reform); understanding to the public that corporations as well as TPK subject that needs to be optimized in PHP; anticipation of an attempt to thwart PHP with the corporation as TPK subject to foul play; the issue of jurisdiction, both to those who do and those who receive bribes / gratuities, because they both do TPK. Keywords: Development, The criminal law enforcement Policies, Corporations, Subject’s Perpetrators of Corruption .
4 citations
•
TL;DR: In this paper, the authors show that the principal can commit to seasonal period incentive rates in advance and to a fair fixed wage, which can achieve full efforts from agents, if no renegation takes place.
Abstract: Revisits the finding of a ratchet effect causing losses through lack of commitment by managers through their contracts by Indjejikian and Narda (1999). Demonstrates that equilibrium can be achieved by assuming the principal can commit in advance to offer a fair second-period contract and the agent can commit to stay for that period. Shows that the principal, by committing to seasonal period incentive rates in advance and to a fair fixed wage, can achieve full efforts from agents. Assumes that principals can offer a long-term contract which is ratchet-proof if no renegation takes place. Concludes that the principal's ability, or not, to commit to a second-period incentive rate in advance, is important, since it ties in the agent for a second period.
4 citations