Abstract
Amidst all its glamour and glitter, space transportation brings to bear two major considerations. The first is that the development of this mode of transportation should essentially be subject to good governance. The second is that any development of space transportation should not endanger and encroach upon the rights of sovereign States and their citizens. These two concepts are inextricably linked to the overarching message of peace that resonates the outer Space treaties and the wisdom that is needed on a global basis for nations to secure a culture of peace through the benefits of space exploration.
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- 1.
See White (1980), XI.
- 2.
Prosser (1964) at 1.
- 3.
Dudley and Baylies (1876), at 11.
- 4.
Fault liability is based on the defendant’s conduct, where the plaintiff proves that the defendant was guilty of wrongful conduct which is either intentional or negligent. See Osborne (2003) at 24.
- 5.
The distinguishing feature of strict liability is that the plaintiff does not have to prove the guilt of the defendant of any wrongful or negligent conduct. Mere proof that the defendant caused the plaintiff’s loss in the manner prescribed is sufficient to impose liability. See Rylands v. Fletcher, (1868), L.R. 3 H.L. 330.
- 6.
See Feasby, Corporate Agents Liability in Tort, 199 32 C.B.L.J. 291 at 298.
- 7.
See Proctor v. Seagram, [1925] 2. D.L.R. 1112 at 1114.
- 8.
The New Press: New York 2003 at 34.
- 9.
See Regan, Doctor, Patient and the Law (1950) at 34. See also, Benson v. Dean 232 NY 52; 133 NE 125 (1921). Stryker, Courts and Doctors at page 9 says: “The relationship of patient and physician is to the highest possible degree a fiduciary one, involving every element of trust and confidence.” The American Medical Association, Principles of Medical Ethics, in para. 8 provides: “a physician should seek consultation upon request, in doubtful or difficult cases, or whenever it appears that the quality of medical service may be enhanced thereby.” See also, Annot, Duty to Send Patient to Specialist, 132 ALR 392 (1949).
- 10.
See Stanton (1997).
- 11.
(1985) 157 CLR 424.
- 12.
(1985) 157 CLR 481.
- 13.
[1990] 2 AC 605.
- 14.
[1990] 2 AC 618.
References
Dudley J, Baylies E (1876) Addison on torts, American edn. C.C. Soule, Boston
Osborne PH (2003) The law of torts, 2nd edn. Irwin Law, Toronto, ON
Prosser WL (1964) Handbook of the law of torts, 3rd edn. West Publishing Company, St. Paul
Stanton K (1997) Incremental approaches to the duty of care, Chap 2. In: Mullany N (ed) Torts in the nineties. Law Book Company
White GE (1980) Tort law in America. Oxford University Press, Oxford
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Abeyratne, R. (2011). Conclusion. In: Space Security Law. Springer, Berlin, Heidelberg. https://doi.org/10.1007/978-3-642-16702-7_9
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