Legal Protection of Customers ‘Funds in Terms Of Tort at Koperasi Cinta Kasih, Medan, Indonesia (Published)
Cooperative is one form of business entity that has a strategic role for the empowerment and strengthening people’s economy. Cooperative as an economic institution of the people who have long known in Indonesia and the normative cooperative is a business entity with legal entity No. 154 / BH / 2006 which carry out the main business activities (the needs of facilities and infrastructure development) and savings and loan activities. This research aims to analyze the legal protection provided to customers’ funds at Koperasi Cinta Kasih Medan which carries out capital investment business which then experienced tort/default and is a normative legal research with related literature approach and legislation. The conclusion of this paper is if the loss of the cooperative due to the negligence of the cooperative management then the loss of the customer is borne by the cooperative management in accordance with the cooperative budget and if the cooperative suffers losses due to tort then the protection can be done through a default lawsuit.
Keywords: Client's Fund, Cooperative, Law, Tort
Introduction of the Tort of Negligence in the UK Legislation and Jurisprudence (Published)
In legal practice today, negligence has pride of place in tort. The majority of tort claims are for negligence and, even if other torts such as breach of statutory duty or nuisance are involved in a particular case, negligence is frequently claimed as well. This has not always been the case. Negligence is a relatively recent tort to emerge in its own right in the long history of tort. This scientific paper will introduce the tort of negligence by tracing the rise of fault as a basis of liability and commenting on the case of Donoghue v Stevenson[1].
Keywords: Fault, Jurisprudence, Legislation, Negligence, Tort
Defamation and Other Torts Affecting the Reputation According United Kingdom Legislation and Jurisprudence (Published)
Everyone living in a society has a reputation and self-respect in the society and wants to exercise this without any interference from others. The tort of defamation is to protect individuals right of reputation in the society from being exploited and provides individuals with the actions which can be brought in the courts of law if they have been defamed by the publishment of an statement that is untrue about them and has an effect on the reputation of the individual in front of the society. There are some torts which have been developed to compensate for damaged reputations, just as others have emerged which compensate for bodily injury. In addition to compensation, equally important is the need for injunctions to prevent threatened damage to the reputation. The relevant torts are libel, slander, injurious falsehood, malicious prosecution. In this paper I will analyze the diverse types of torts in relation with UK legislation and jurisprudence in comparison with ECHR jurisprudence, in the light of recent developments of case-law.
Keywords: Article 10 ECHR., Damage, Defamation, ECHR, Reputation, Tort