provisions merely eliminate the ability to obtain money damages for a breach--they do not eliminated the liability and they are certainly not an indication that those who invoke them did not engage in wrongdoing.
261) Thus, under a Schuldtheorie-infused Article 33(1)(c), the rationale for exculpation
would not be that a defendant's conduct was culpable of its own right but excusable because he acted under orders; (262) rather, the rationale would be that a defendant unable to ascertain the wrongfulness of his conduct was never culpable to begin with.
conducted an empirical study of 102(b)(7)-type exculpation
for his transgressive behavior, Mariani turns inward with profound imagery and thought.
It allows the exculpation
of a director's personal liability for money damages, but there are important public policy prohibitions that limit freedom of contract.
The vast divide between Berg's class privilege and Hanna's routine working-life is the point Donahue perceptively hones in upon, arguing that the film, more than the novel, "explores the intriguing question of criminal causality" from a sociological perspective, without making it grounds for exculpation
Fundamental Attribution Error and Motivated Exculpation
In a sense, this offers some degree of exculpation
to the men while conferring greater culpability on girls and women.
Coverage encompasses institutions and processes, the justification of punishment, the elements of just punishment, rape, homicide, the significance of resulting harm, and exculpation
, among other topics.
Defendants frequently seek dismissal of the negligence claims and negligence-grounded breach of fiduciary duty based on the "business judgment rule" and state law exculpation
As a result, The New World dwells entirely in the past, diegetically and symbolically, fully bound to the emotional economy of imperialist nostalgia and its ideological work of exculpation
31(a)(2)(i) and (iv) of the Model Business Corporation Act (2002), which hold directors personally liable for violations of their oversight duties only if they did not act in good faith, were grossly negligent or committed such acts intentionally, and, second, by the option of including an exculpation
provision in the articles of incorporation pursuant to section 2.
The answer is almost certainly that the materials will be picked over selectively by those who have a particular animus or loyalty, to make a case for sensationalism, incrimination or exculpation
In this exculpation
of guilt, Mda makes it patently clear that the mythology of the above-average sexuality of the black woman is now used for casting blame.
From occasional appearances in the early 19th century, "act or omission" became the choice of codifiers to denote the unit of liability in both positive and negative aspects: positive by denoting an "act or omission" as constituting an offence under circumstances defined in the Special Part; or negative, by exculpation
from liability where the "act or omission" fell within a justification or excuse contained in the General Part (11).