common intention constructive trust

liability [ collective liability | legal liability | legal responsibility ]

charges against an appropriation

applied overhead | absorbed burden | absorbed overhead | applied burden | manufacturing overhead allocated

charge to entity

absolute liability | strict liability

The Rome Statute might imply the more civilian standard of “should have known”.

In view of the fact that, in the present case, first, the matter allegedly giving rise to liability came about in the exercise of judicial functions by a formation of a judicial body and, secondly, the formation that will have to take cognisance of the case (i) belongs to the same judicial body (the General Court) as the formation of the judicial body being held responsible for the matter giving rise to liability and (ii) is an integral part of the defendant party in this case (the CJEU), with which the judges of that formation are professionally affiliated, the abovementioned requirements are compromised, a fortiori where, as the Genera ...[+++]l Court has held, damages such as those here being claimed must come from that part of the budget which relates to the CJEU.

Undertakings established and operating in various Member States are subject to differing procedural rules that significantly affect the extent to which they can be held liable for infringements of competition law.

In Ireland, proportionate liability applies where a plaintiff is contributorily negligent but joint and several liability applies where no negligence is attributable to the plaintiff (76) Ireland’s version of proportionate liability provides that the portion of the total loss attributable to an insolvent or unavailable defendant is shared rateably among the other solvent defendants and the plaintiff (77)