Safety is the state of being "safe", the condition of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk.
Meanings
There are two slightly different meanings of safety. For example, home safety may indicate a building's ability to protect against external harm events (such as weather, home invasion, etc.), or may indicate that its internal installations (such as appliances, stairs, etc.) are safe (not dangerous or harmful) for its inhabitants.
Discussions of safety often include mention of related terms. Security is such a term. With time the definitions between these two have often become interchanged, equated, and frequently appear juxtaposed in the same sentence. Readers unfortunately are left to conclude whether they comprise a redundancy. This confuses the uniqueness that should be reserved for each by itself. When seen as unique, as we intend here, each term will assume its rightful place in influencing and being influenced by the other.
Safety is the condition of a “steady state” of an organization or place doing what it is supposed to do. “What it is supposed to do” is defined in terms of public codes and standards, associated architectural and engineering designs, corporate vision and mission statements, and operational plans and personnel policies. For any organization, place, or function, large or small, safety is a normative concept. It complies with situation-specific definitions of what is expected and acceptable.[1]
Using this definition, protection from a home's external threats and protection from its internal structural and equipment failures (see Meanings, above) are not two types of safety but rather two aspects of a home's steady state.
In the world of everyday affairs, not all goes as planned. Some entity's steady state is challenged. This is where security science, which is of more recent date, enters. Drawing from the definition of safety, then:
Security is the process or means, physical or human, of delaying, preventing, and otherwise protecting against external or internal, defects, dangers, loss, criminals, and other individuals or actions that threaten, hinder or destroy an organization’s “steady state,” and deprive it of its intended purpose for being.
Using this generic definition of safety it is possible to specify the elements of a security program.[1]
Limitations
Safety can be limited in relation to some guarantee or a standard of insurance to the quality and unharmful function of an object or organization. It is used in order to ensure that the object or organization will do only what it is meant to do.
It is important to realize that safety is relative. Eliminating all risk, if even possible, would be extremely difficult and very expensive. A safe situation is one where risks of injury or property damage are low and manageable.
When something is called safe, this usually means that it is safe within certain reasonable limits and parameters. For example, a medication may be safe, for most people, under most circumstances, if taken in a certain amount.
A choice motivated by safety may have other, unsafe consequences. For example, frail elderly people are sometimes moved out of their homes and into hospitals or skilled nursing homes with the claim that this will improve the person's safety. The safety provided is that daily medications will be supervised, the person will not need to engage in some potentially risky activities such as climbing stairs or cooking, and if the person falls down, someone there will be able to help the person get back up. However, the end result might be decidedly unsafe, including the dangers of transfer trauma, hospital delirium, elder abuse, hospital-acquired infections, depression, anxiety, and even a desire to die.[2]
Types
There is a distinction between products that meet standards, that are safe, and that merely feel safe. The highway safety community uses these terms:
Normative
Normative safety is achieved when a product or design meets applicable standards and practices for design and construction or manufacture, regardless of the product's actual safety history.
Substantive
Substantive or objective safety occurs when the real-world safety history is favorable, whether or not standards are met.
Perceived
Perceived or subjective safety refers to the users' level of comfort and perception of risk, without consideration of standards or safety history. For example, traffic signals are perceived as safe, yet under some circumstances, they can increase traffic crashes at an intersection. Traffic roundabouts have a generally favorable safety record[3] yet often make drivers nervous.
Low perceived safety can have costs. For example, after the 9/11 attacks in 2001, many people chose to drive rather than fly, despite the fact that, even counting terrorist attacks, flying is safer than driving. Perceived risk discourages people from walking and bicycling for transportation, enjoyment or exercise, even though the health benefits outweigh the risk of injury.[4]
Security
Also called social safety or public safety, security addresses the risk of harm due to intentional criminal acts such as assault, burglary or vandalism.
Because of the moral issues involved, security is of higher importance to many people than substantive safety. For example, a death due to murder is considered worse than a death in a car crash, even though in many countries, traffic deaths are more common than homicides.
Risks and responses
Safety is generally interpreted as implying a real and significant impact on risk of death, injury or damage to property. In response to perceived risks many interventions may be proposed with engineering responses and regulation being two of the most common.
Probably the most common individual response to perceived safety issues is insurance, which compensates for or provides restitution in the case of damage or loss.
System safety and reliability engineering
System safety and reliability engineering is an engineering discipline. Continuous changes in technology, environmental regulation and public safety concerns make the analysis of complex safety-critical systems more and more demanding.
A common fallacy, for example among electrical engineers regarding structure power systems, is that safety issues can be readily deduced. In fact, safety issues have been discovered one by one, over more than a century in the case mentioned, in the work of many thousands of practitioners, and cannot be deduced by a single individual over a few decades. A knowledge of the literature, the standards and custom in a field is a critical part of safety engineering. A combination of theory and track record of practices is involved, and track record indicates some of the areas of theory that are relevant. (In the US, persons with a state license in Professional Engineering in Electrical Engineering are expected to be competent in this regard, the foregoing notwithstanding, but most electrical engineers have no need of the license for their work.)
Safety is often seen as one of a group of related disciplines: quality, reliability, availability, maintainability and safety. (Availability is sometimes not mentioned, on the principle that it is a simple function of reliability and maintainability.) These issues tend to determine the value of any work, and deficits in any of these areas are considered to result in a cost, beyond the cost of addressing the area in the first place; good management is then expected to minimize total cost.
Measures
Safety measures are activities and precautions taken to improve safety, i.e. reduce risk related to human health. Common safety measures include:
- Chemical analysis
- Destructive testing of samples
- Drug testing of employees, etc.
- Examination of activities by specialists to minimize physical stress or increase productivity
- Geological surveys to determine whether land or water sources are polluted, how firm the ground is at a potential building site, etc.
- Government regulation so suppliers know what standards their product is expected to meet.
- Industry regulation so suppliers know what level of quality is expected. Industry regulation is often imposed to avoid potential government regulation.
- Instruction manuals explaining how to use a product or perform an activity
- Instructional videos demonstrating proper use of products
- Root cause analysis to identify causes of a system failure and correct deficiencies.
- Internet safety or Online Safety, is protection of the user's safety from cyber threats or computer crime in general.
- Periodic evaluations of employees, departments, etc.
- Physical examinations to determine whether a person has a physical condition that would create a problem.
- Process safety management is an analytical tool focused on preventing releases of highly hazardous chemicals.
- Safety margins/Safety factors. For instance, a product rated to never be required to handle more than 200 pounds might be designed to fail under at least 400 pounds, a safety factor of two. Higher numbers are used in more sensitive applications such as medical or transit safety.
- Self-imposed regulation of various types.
- Implementation of standard protocols and procedures so that activities are conducted in a known way.
- Statements of ethics by industry organizations or an individual company so its employees know what is expected of them.
- Stress testing subjects a person or product to stresses in excess of those the person or product is designed to handle, to determining the "breaking point".
- Training of employees, vendors, product users
- Visual examination for dangerous situations such as emergency exits blocked because they are being used as storage areas.
- Visual examination for flaws such as cracks, peeling, loose connections.
- X-ray analysis to see inside a sealed object such as a weld, a cement wall or an airplane outer skin.
Standards organizations
A number of standards organizations exist that promulgate safety standards. These may be voluntary organizations or government agencies. These agencies first define the safety standards, which they publish in the form of codes. They are also Accreditation Bodies and entitle independent third parties such as testing and certification agencies to inspect and ensure compliance to the standards they defined. For instance, the American Society of Mechanical Engineers (ASME) formulated a certain number of safety standards in its Boiler and Pressure Vessel Code (BPVC) and accredited TÃœV Rheinland to provide certification services to guarantee product compliance to the defined safety regulations.[5]
United States
American National Standards Institute
A major American standards organization is the American National Standards Institute (ANSI). Usually, members of a particular industry will voluntarily form a committee to study safety issues and propose standards. Those standards are then recommended to ANSI, which reviews and adopts them. Many government regulations require that products sold or used must comply with a particular ANSI standard.
Government agencies
Many government agencies set safety standards for matters under their jurisdiction, such as:
- the Food and Drug Administration
- the Consumer Product Safety Commission
- the United States Environmental Protection Agency
Testing laboratories
Product safety testing, for the United States, is largely controlled by the Consumer Product Safety Commission. In addition, workplace related products come under the jurisdiction of the Occupational Safety and Health Administration (OSHA), which certifies independent testing companies as Nationally Recognized Testing Laboratories (NRTL), see.[6]
European Union
Institutions
- the European Commission (EC)
- the European Committee for Standardization (CEN)
- the European Food Safety Authority (EFSA)
- the European Safety Federation (ESF)
Testing laboratories
The European Commission provides the legal framework, but the different Member States may authorize test laboratories to carry out safety testing.
Other countries
Standards institutions
- British Standards Institution
- Canadian Standards Association
- Deutsches Institut für Normung
- International Organization for Standardization
- Standards Australia
Testing laboratories
Many countries have national organizations that have accreditation to test and/or submit test reports for safety certification. These are typically referred to as a Notified or Competent Body.
See also
- Accident – Unforeseen event, often with a negative outcome
- Aircraft – Vehicle or machine that is able to fly by gaining support from the air
- Aviation safety – State in which risks associated with aviation are at an acceptable level
- Aviation accidents and incidents – Aviation occurrence involving serious injury, death, or destruction of aircraft
- Aisles: Safety and regulatory considerations – Architectural element
- American Society of Safety Professionals – Professional organization
- Arc flash – Heat and light produced during an electrical arc fault
- Safety in Australia
- Automobile – Motorized passenger road vehicle
- Traffic collision – Incident when a vehicle collides with another object
- Automotive safety – Study and practice to minimize the occurrence and consequences of motor vehicle accidents
- Road traffic safety – Methods and measures for reducing the risk of death and injury on roads
- Bicycle safety – Safety practices to reduce risk associated with cycling
- Behavior-based safety – System used in industry to reduce exposure to hazards
- Boat – Vessel for transport by water
- Boating – Leisure activity involving boats
- Centers for Disease Control and Prevention – United States government public health agency CDC
- Certified safety professional – Qualified safety personnel
- Child – Human between birth and puberty
- Child safety seat – Seat designed to protect children during traffic collisions
- Toy safety – Practice of ensuring that toys meet safety standards
- Poison control center – Medical service that provides over-the-phone advice on poison exposure
- Safe Kids Worldwide – Global non-profit organization working to prevent childhood injury
- Consumer product safety – Request to return a product after the discovery of safety issues or product defects
- Door#Door-related accidents – Movable barrier that allows ingress and egress
- Electrical safety testing – Testing to ensure the compliance of electrical systems with safety tandards
- Explosives safety
- Fire safety – Practices to reduce the results of fire
- Gun safety – Study and practice of safe operation of firearms
- Lists of rail accidents
- Lists of nuclear disasters and radioactive incidents
- Motorcycle safety – Study of the risks and dangers of motorcycling
- Patient safety – Prevention, reduction, reporting, and analysis of medical error
- Pedestrian safety – Methods and measures for reducing the risk of death and injury on roads
- Security company – Type of company
- Risk management – Identification, evaluation and control of risks
- Sailing ship accidents
- Safety engineering – Engineering discipline which assures that engineered systems provide acceptable levels of safety
- Fail-safe – Design feature or practice
- Poka-yoke – Process that helps an equipment operator avoid mistakes
- Software system safety
- Safety statement – Document that outlines how a company manages their health and safety
- Security – Degree of resistance to, or protection from, harm
- Seismic analysis – Study of the response of buildings and structures to earthquakes
- Sports injury – Physical and emotional trauma safety
- Occupational safety and health – Field concerned with the safety, health and welfare of people at work
- Criticality accident – Uncontrolled nuclear fission chain reaction
- Safety data sheet – Sheet listing work-related hazards
- Personal protective equipment – Equipment designed to help protect an individual from hazards
- Work accident – Occurrence during work that leads to physical or mental harm
References
- "Nationally Recognized Testing Laboratories (NRTLs) - Occupational Safety and Health Administration". www.osha.gov. Archived from the original on 8 April 2018. Retrieved 2 May 2018.
Further reading
- Wildavsky, Aaron; Wildavsky, Adam (2008). "Risk and Safety". In David R. Henderson (ed.). Concise Encyclopedia of Economics (2nd ed.). Indianapolis: Library of Economics and Liberty. ISBN 978-0865976658. OCLC 237794267.
https://en.wikipedia.org/wiki/Safety
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A code of silence is a condition in effect when a person opts to withhold what is believed to be vital or important information voluntarily or involuntarily.
The code of silence is usually followed because of threat of force or danger to oneself, or being branded as a traitor or an outcast within the unit or organization, as the experience of police whistleblower Frank Serpico illustrates. Police are known to have a well-developed blue wall of silence.
A more well-known example of the code of silence is omertà (Italian: omertà , from the Latin: humilitas=humility or modesty), the Mafia code of silence.
See also
- Blue wall of silence – Informal rule that American police do not report misconduct by other officers
- Fifth Amendment to the United States Constitution
- Stop Snitchin'
- Spotlight, a 2015 film that explores a communal code of silence that reigned during the Boston sex abuse scandal
References
- Bill Maxwell, Opinion Columnist "Code of silence corrodes morality, puts blacks at risk" (2010, July 23)
- Board, Editorial. "Judgment day for Chicago's police code of silence". chicagotribune.com. Retrieved 2016-12-02.
https://en.wikipedia.org/wiki/Code_of_silence
A code of silence is a condition in effect when a person opts to withhold what is believed to be vital or important information voluntarily or involuntarily.
Code of Silence may also refer to:
- "Code of Silence", a song by Billy Joel from the 1986 album The Bridge
- Code of Silence (1985 film), a 1985 film starring Chuck Norris
- Code of Silence (2014 film), a 2014 Australian film
- Code of Silence (2015 film), a 2015 Nigerian film
- Code of Silence (2021 film), a 2021 British film
- "Code of Silence" (Arrow)
https://en.wikipedia.org/wiki/Code_of_silence_(disambiguation)
https://en.wikipedia.org/wiki/Clemency
https://en.wikipedia.org/wiki/USAF
https://en.wikipedia.org/wiki/Remediation
https://en.wikipedia.org/wiki/Restitution
https://en.wikipedia.org/wiki/Closure_Conclusion_Carry-On_etc.
https://en.wikipedia.org/wiki/Stalewart-cycle-zero-no_further-no_repeat/reiteration/return/continuation-of-dispute/etc._etc.
https://en.wikipedia.org/wiki/Single-individual-civilian-one-etc.
https://en.wikipedia.org/wiki/No-harassment-assault-etc.
https://en.wikipedia.org/wiki/Common-Courtesy
https://en.wikipedia.org/wiki/Carry-on-etc.
Remedy, Remedies, The Remedy or Remediation may refer to:
Computing and gaming
- Remedy Corp, an American software company
- Remedy Entertainment, a Finnish video game developer
Law, politics, and society
- Environmental remediation, the removal of pollution or contaminants from the environment
- Legal remedy, an action by a court of law to impose its will
- Remedial education, the act or process of correcting a fault or resolving a deficiency: e.g., remediation of a learning disability
- Remediation (Marxist theory), a theory of media proposed by Jay David Bolter and Richard Grusin
- Remedy UK, a defunct pressure group representing junior doctors
Medicine
- Cure, a medical treatment that ends an illness or condition
- Home remedy, a treatment that employs common items from the home
- Panacea (medicine), a medical cure-all or, metaphorically, a solution to all problems
- Pharmaceutical drug, any chemical substance intended for use in medical treatment
- Therapy, the attempted remediation of a health problem
Film and television
- Remedy (film), a 2005 American crime drama
- Remedy (2009 film), a short film by Karl T. Hirsch
- Remedy (TV series), a 2014 Canadian medical drama
Music
- The Remedies (active 1997-2000s), a Nigerian hiphop music group
- Remedy (rapper) (born 1972), Ross Filler, a member of the Wu-Tang Clan
- Remedy Records (Germany), a heavy metal label whose roster has included Soul Demise
- Remedy Records, a UK label that issues the albums of Dominic Brown
Albums
- Remedy (Basement Jaxx album), 1999
- Remedy (David Crowder Band album) or the title song, 2007
- Remedy (Old Crow Medicine Show album), 2014
- Remedy (The Red One), by Remedy Drive, 2001
- Remedy: A Live Album, by Remedy Drive, 2003
- The Remedy (Boyz II Men album), 2006
- The Remedy (Jagged Edge album), 2011
- The Remedy (Karima Francis album), 2012
- The Remedy (Kurt Rosenwinkel album), 2008
- The Remedy (Native Deen album), 2011
- The Remedy, an unreleased album by Rell, 2001
- Remedies (Dr. John album), 1970
- Remedies (The Herbaliser album), 1995
Songs
- "Remedy" (Alesso song), 2018
- "Remedy" (The Black Crowes song), 1992
- "Remedy" (Crookers song), 2010
- "Remedy" (Little Boots song), 2009
- "Remedy" (Professor Green song), 2011
- "Remedy" (Seether song), 2005
- "The Remedy (I Won't Worry)", by Jason Mraz, 2002
- "Remedy", by 30 Seconds to Mars from America, 2018
- "Remedy", by Adele from 25, 2015
- "Remedy", by the Band from High on the Hog, 1996
- "Remedy", by Cold from Year of the Spider, 2003
- "Remedy", by Disciple from Horseshoes & Handgrenades, 2010
- "Remedy", by Laura Mvula from Pink Noise, 2021
- "Remedy", by Maroon 5 from Jordi, 2021
- "Remedy", by Snoop Lion from Reincarnated, 2010
- "Remedy", by Zac Brown Band from Jekyll + Hyde, 2015
- "The Remedy", by Abandoned Pools from Humanistic, 2001
- "The Remedy", by Puscifer from Money Shot, 2015
See also
https://en.wikipedia.org/wiki/Remedy
https://en.wikipedia.org/wiki/Reconstructive_Surgery
https://en.wikipedia.org/wiki/USAF-Assistance
https://en.wikipedia.org/wiki/Federal-Government-Assistance
https://en.wikipedia.org/wiki/Rebuild_Surgery
https://en.wikipedia.org/wiki/Remobilization
https://en.wikipedia.org/wiki/Deblindation
https://en.wikipedia.org/wiki/Surgery
https://en.wikipedia.org/wiki/Rebodiment
https://en.wikipedia.org/wiki/Storage-Option
https://en.wikipedia.org/wiki/Build-Shell-Rebodiment
https://en.wikipedia.org/wiki/Limb-rebuild
https://en.wikipedia.org/wiki/reproductive-organ-system-component
https://en.wikipedia.org/wiki/Rescue
https://en.wikipedia.org/wiki/Skin-Graft_Replacement_Repair_Reconstructive-Surgery
https://en.wikipedia.org/wiki/Full-Reconstructive-Surgery-(Full_Body_Deformity)
https://en.wikipedia.org/wiki/Baby-Repairs-Rebuilds-etc.
https://en.wikipedia.org/wiki/Embryo-Lab-or_Builds-tissues-materials-etc.
https://en.wikipedia.org/wiki/Embryo-use-limitations
https://en.wikipedia.org/wiki/Embryo
https://en.wikipedia.org/wiki/No-donation-etc.
https://en.wikipedia.org/wiki/limitations
https://en.wikipedia.org/wiki/Full-Rebuild-Surgery
https://en.wikipedia.org/wiki/Beauty-Surgery
https://en.wikipedia.org/wiki/Dental
https://en.wikipedia.org/wiki/Reproductive
https://en.wikipedia.org/wiki/Infante
https://en.wikipedia.org/wiki/Assisted-Reproduction-Progeny-Replacement-etc.
https://en.wikipedia.org/wiki/Statute-of-limitations-rectification-remediation-etc.-(federal, etc.)
https://en.wikipedia.org/wiki/us-code
https://en.wikipedia.org/wiki/assistance-in-temporary_tissue_remediation_Rectification-etc.-(federal, etc.)
https://en.wikipedia.org/wiki/Declination-civilian-obstruction-etc.
https://en.wikipedia.org/wiki/no-witness-no-record-no-public-no-media-no-open-to-public-etc.
https://en.wikipedia.org/wiki/USAF
https://en.wikipedia.org/wiki/Federal_Government
https://en.wikipedia.org/wiki/State_Government_Domain_Federal-subordinate-etc.-limited
https://en.wikipedia.org/wiki/Limited
https://en.wikipedia.org/wiki/Rectification
https://en.wikipedia.org/wiki/Government-Assistance
https://en.wikipedia.org/wiki/Not-open-to-public-restricted-classified-top-secret-etc.
https://en.wikipedia.org/wiki/Limitation-expungement-erasure-etc.
https://en.wikipedia.org/wiki/Government-remediation-etc.
https://en.wikipedia.org/wiki/Assistance-after-etc.
https://en.wikipedia.org/wiki/Not-for-resale-give-transfer-share-etc.
https://en.wikipedia.org/wiki/Restricted
https://en.wikipedia.org/wiki/Limit
https://en.wikipedia.org/wiki/Zero
https://en.wikipedia.org/wiki/No_Record
https://en.wikipedia.org/wiki/One
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to give up their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to pay the claimant for their loss.
Evolving Meaning
American Jurisprudence 2d edition notes:
The word "restitution" was used in the earlier common law to denote the return or restoration of a specific thing or condition. In modern legal usage, its meaning has frequently been extended to include not only the restoration or giving back of something to its rightful owner and returning to the status quo but also compensation, reimbursement, indemnification, or reparation for benefits derived from, or for loss or injury caused to, another. In summary, therefore, the word "restitution" means the relinquishment of a benefit or the return of money or other property obtained through an improper means to the person from whom the property was taken.[1]
Legal vs Equitable Remedy
Restitution may be either a legal remedy or an equitable remedy, "depend[ing] upon the basis for the plaintiff's claim and the nature of the underlying remedies sought".[1] Generally, restitution and equitable tracing is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien.[1]
Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for example, when the plaintiff "seeks a judgment imposing personal liability to pay a sum of money".[1] Unjust enrichment and quantum meruit are sometimes identified as types of a disgorgement legal remedies.[1]
This type of damages restores the benefit conferred to the non-breaching party. Put simply, the plaintiff will get the value of whatever was conferred to the defendant when there was a contract. There are two general limits to recovery, which is that a complete breach of contract is needed, and the damages will be capped at the contract price if the restitution damages exceed it.
Differing Views on Restitution
The orthodox view suggests that there is only one principle on which the law of restitution is dependent, namely the principle of unjust enrichment.[2][3] However, the view that restitution, like other legal responses, can be triggered by any one of a variety of causative events is increasingly prevalent. These are events in the real world which trigger a legal response. It is beyond doubt that unjust enrichment and wrongs can trigger an obligation to make restitution. Certain commentators propose that there is a third basis for restitution, namely the vindication of property rights with which the defendant has interfered.[4] It is arguable that other types of causative event can also trigger an obligation to make restitution.
For wrongs
Judicial remedies |
---|
Legal remedies (Damages) |
Equitable remedies |
Related issues |
Imagine that A commits a wrong against B and B sues in respect of that wrong. A will certainly be liable to pay compensation to B. If B seeks compensation then the court award will be measured by reference to the loss that B has suffered as a result of A's wrongful act. However, in certain circumstances it will be open to B to seek restitution rather than compensation. It will be in B's interest to do so if the profit that A made by his wrongful act is greater than the loss suffered by B. Or in some circumstances, the lost good "G" carries a more value to B than the actual cost of "G". For example, B possesses a rare book of say, 14th century [G], which cost only Rs 10 in that period. A has illegally stolen G [from B] and has destroyed it. Currently very few samples of G exist in the world, yet since its demand is not much, G still costs Rs 10. Since very few samples exist in the world, it is near impossible to find a person from whom G could be bought. In such a circumstance, B is entitled to get Rs 10 from A under the law of torts. However B might prefer to apply law of restitution instead [waiver of torts], and claim that he needs a copy of G rather than Rs. 10.
Whether or not a claimant can seek restitution for a wrong depends to a large extent on the particular wrong in question. For example, in English law, restitution for breach of fiduciary duty is widely available but restitution for breach of contract is fairly exceptional. The wrong could be of any one of the following types:
Notice that (1)–(5) are all causative events (see above). The law responds to each of them by imposing an obligation to pay compensatory damages. Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution.
- Example
In Attorney General v Blake,[6] an English court found itself faced with the following claim. The defendant had made a profit somewhere in the region of £60,000 as a direct result of breaching his contract with the claimant. The claimant was undoubtedly entitled to claim compensatory damages but had suffered little or no identifiable loss. It therefore decided to seek restitution for the wrong of breach of contract. The claimant won the case and the defendant was ordered to pay over his profits to the claimant. However, the court was careful to point out that the normal legal response to a breach of contract is to award compensation. An order to make restitution was said to be available only in exceptional circumstances.
To reverse unjust enrichment
Cases of intentional torts or breaches of fiduciary duty often allow for claims of unjust enrichment, as well as cases of statutory torts and breaches of contract. A plaintiff can even have a claim in unjust enrichment when there is no other substantive claim.
In the United States, the Uniform Commercial Code ("UCC") entitles a buyer who defaults restitution of the buyer's deposit to the extent it exceeds reasonable liquidated damages or actual damages.[7] If the contract does not have a liquidated damages clause, the UCC provides a statutory sum: 20% of the price or $500, whichever is less, and the buyer who defaulted is entitled to restitution of any excess.
United Nations level
- The United Nations Convention against Corruption (UNCAC) – Working Group on Asset Recovery
- The UNCAC Coalition of Civil Society Organisations[8]
- The World Bank – Stolen Asset Recovery Initiative (StAR)[9]
See also
Notes
- "The Stolen Asset Recovery Initiative (StAR)". The World Bank. Archived from the original on 13 September 2017. Retrieved 25 September 2017.
Further reading
- Benson, Bruce L. (2008). "Restitution for Crime". In Hamowy, Ronald (ed.). The Encyclopedia of Libertarianism. Thousand Oaks, CA: Sage; Cato Institute. pp. 427–429. doi:10.4135/9781412965811.n262. ISBN 978-1412965804. OCLC 750831024.
- Birks, Peter (2005). Unjust Enrichment. Clarendon Law Series (2nd ed.). Oxford: Oxford University Press. ISBN 978-0191018855.
- Burrows, Andrew S.; McKendrick, Ewan; Edelman, James (2007). Cases and Materials on the Law of Restitution (2nd ed.). Oxford: Oxford University Press. ISBN 978-0199296514.
- Butt, Daniel (2009). Rectifying International Injustice: Principles of Compensation and Restitution Between Nations. Oxford: Oxford University Press. ISBN 978-0199218240.
- Mitchell, Charles; Mitchell, Paul (2006). Landmark Cases in the Law of Restitution. Bloomsbury Publishing. ISBN 978-1847310934.
- Slater S.J., Thomas (1925). . A manual of moral theology for English-speaking countries. Burns Oates & Washbourne Ltd. pp. 255–283.
https://en.wikipedia.org/wiki/Restitution
https://en.wikipedia.org/wiki/Repayment_Money
https://en.wikipedia.org/wiki/Airline_Ticket
https://en.wikipedia.org/wiki/Rescue_Repair_Return_Release
https://en.wikipedia.org/wiki/Minor_Issue_Limited
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