'The evolution of vicarious liability': 2017 Allen & Overy Lecture

On Wednesday 8 November 2017, Professor Simon Deakin of the University of Cambridge delivered the 2017 Cambridge Private Law Centre Allen & Overy Annual Law Lecture entitled "The evolution of vicarious liability".

The event was kindly sponsored by Allen & Overy.

[sharkbaitblu]

Wow loved this lecture. Am currently in the midst of my own civil Torts case as a former Foster Child in Australia. Am doing my own research to learn and understand the process of this sector of the law. Australia is based on the same system although evolving through our own case laws and precedents. Is vicarious liability the best approach or as suggest non delegable duty of care. Mmmm I think we are going for vicarious liability, but can see the merits of ND of care. MIght give my lawyer a call or send them this video. Thank you for a wonderful post.

[IKnowNeonLights]

Part four

This makes the legal structure more apt in regards to the one of a legal person. There is a very unassuming example, although considering it's ancient possible record such attribute as one being a unassuming example should put consideration at minimum as to what is presented in regards to teaching and consequential learning.

The example is the literal physical proof of possibly the first proper firms and similar groups to that of corporations of today. The unassuming part regards to the fact of the example having been taken as anything other than that.

The example is a pottery utensil, the example is a water vessel type of pottery utensil, the example is known as the dypilon inscription, on such a pottery utensil, the example is simultaneously one of the oldest greek alphabet inscriptions found.

The inscription is one of the most amazing inscriptions to have ever been found, simply because of its implied ingenuity. This inscription is one of the earliest examples to have been found indicating the level of language structure in existence as of much further then than thought.

The inscription is a product inscription in regards to place of origin, regarding transport, market, and life span within a market, or an establishment selling it as a market point, guarantee, a constant guarantee, for a, any and all possible combinations of clients to assess themselves physically, meaning it is not a seal, sign, or mark which can be falsified, manipulated and copied, it is pure and simple a most high degree and level of logic.

Such intricate and complex language use in regards to possible structures and systems enabling such structures, is not made as a happening for possibly give or take two and half thousand years, and as of the present standing, is as wobbly as it can possibly wobble.

I know this without having studied any of this, because I speak, write, think, sing, shout hallucinate and dream in the Albanian language, form before birth.

In doing so I understand a word such as (kadal) in northern dialect and (ngadal) in middle and southern dialec. It's first standing structure means slow, then slowly.

If and when doubled, meaning repeated two times, means fairly or very slowly, then it changes as a direct sudden stop, back to it as one word to a necessary stop. Simultaneously the word means, is out, as an answer to a question, with the is part refering to a human being most of the instances.

If and when separated in to two words, (ka) means there is, in regards to a tangible physical anything, as in (have), or which direction of orientation, whereas (dal) remains out.

In regards to modern greek, the word as one, means lizard, separated in two mean, the, and a very common highly spirited usage similar and spaning all the way to English in the form of (dale, or dale dale) refering to a open plain, field, middle, circle, and movement in its regards etc etc

A legal structure will present it's applicable natural laws simply by and off existence, including a, any and all possible combinations of limited liabilities. A legal person can do so also, but only through the direct or indirect usage of a, any and all possible combinations of physical natural structures, meaning in most cases legal or most definitely scientific.

This makes one highly manipulative even if and when well established within existence, and the other hardly manipulative even if and when desired or attempted to do so.

The mistake is this....! If and when determined, attempting or seriously trying to help anyone or anything which is firmly visible within a inescapable present, while such if and when remains hidden even in the form of the concept, meaning for all means and purposes, to anyone or anything which is firmly visible within a inescapable present, that if and when might and empirically is either the past or worst the future...

Then such hidden if and when help becomes a serious hindrance, in fact it manipulates and within worst cases destroys the very present by changing the past or worst the future in all what it regards to anyone or anything which is firmly visible within a inescapable present.

It only works and consequently is used to literally hide the help and the helped simultaneously as a corresponding accordance.

One way enables impartiality at its highest degree and level, the other makes impartially impossible simply based on the reaction to the very present, unchanged, changed or manipulative.

One way requires always a concept and only a concept to begin with, the other way requires always a structure, only a physical real structure to begin with. One start is real, the other is abstract.

Anyone or anything as a physical structure under such influence is hunting, being hunted, aware of being hunted, unaware of hunting, hypnotized or completely ignorant to any off, meaning dazed, numb or under a, any and all possible combinations of influences.

Anyone or anything as a concept under such influence, is beyond the defenition such as (something else) in regards to many many layers deep as a point of physical origins contact excluding possible concepts, simple because in being a concept it is always being as such by and off a, any and all possible combinations of physical structures to begin with.

Meaning all and much more happens before even a concept off, can come to mind as a possible thought.

This has only but a always conclusive meaning in regards to the highest possible logical degree and level of ascending and descending order pattern. One which conclusively states, any form or possible presentation of such a combinations of structures hiding, well hiding a, any and all possible combinations of principles supposedly uncorrelated and completely detached from the very structures used, are not help.

In fact upon any level of manifestation, the corresponding explanation already put forward as a possible understanding should be adopted as quickly as possible. It is not help simply because it jeopardises the very present of someone or anything firmly visible within it through manipulating past and future, making such someone or something face danger in regards to a present which was already not a danger in regards to its past and future to begin with, with the caveat of claiming any (a must survival) of anyone or anything which is firmly visible within a present, one which is turned to danger from safe, as help, upon that anyone or anything being on safe ground again.

I believe it to be a most valid conscious understanding showing in full as a tangible physical structure although it cannot be seen within it's entirety, making it a physical concept simultaneously, that a legal structure is more likely than not, a much more practical wording structure than a legal person, in regards and concerning existence, be it direct physical or physical abstract, abstract physical....

There is an infinity within the present to have and achieve a, any and all possible combinations of advantages, because the present is where all is, everything, even concepts, even the past and future are in the present, if not each does not exist.

(The scary optimistic standing is this. The structure enabling life will not be taken as a constant given, while the structure going against life was taken long long long ago without even being given, let alone existing as a constant, making it optimistic for life and scary simultaneously.)

© Emir Doçaj
March 15
2024

[IKnowNeonLights]

Part one

Considering everythings and everyone's involvement, which includes enormous amounts of resources and people, it might be helpful to use as a, any and all possible combinations of practical defentions, something which is not a concept only, and no matter how it might be treated does remain as such, but instead make use of something which is extremely practical, and although it in itself is a magnificent concept, simultaneously is something, meaning a literal measurable and often easily definable thing, especially if and when considering all the scientific advancements achieved so far in all fields.

The changing according to all practical processes of the term (legal person/entity) to (legal structure) instead.

It might or might not seem obvious, yet in taking the words (legal structure) one is making use of a concept and a concept, which are equally definable if and when required by most systems. There is a literal legal structure, there is physical structures, there is biological structures, there is chemical structures, there is financial structures, there is educational structures, and one including each having sub structures themselves, using the term (legal structure) instead of the (legal person/entity), might help enormously in regards to treaties, international law and rights, market's, oversight, banking, development, investment etc etc.

Most importantly it might help in establishing the right regulations in regards to new business types entering a, any and all possible combinations of markets through innovation, especially if and when considering all the digital and all up and coming A.I (structures), without forgetting the ever elusive new, newer and newest financial existing and up and coming structures, which keep the market together with a, any and all possible combinations of governments, lagging always behind.

In fact it can be argued that profits and necessary investments are lost as a result, meaning the system and a, any and all possible combinations of people making and using such structures are at a loss. It will shed light on concepts such as GDP, inflation and deflation, increase stability and not stifle innovation or capital freedom. It could help the principal of having a lesser unwanted governmental oversight and very practical ways to address social concerns, without needing in most cases a complete or even a partial system overturn, in fact the data to achieve it is already in existence as of minimum fifteen hundred years and continuing.

The word structure instead of a person in regards to legality is important, simply based on natural existence, hence natural law. It might be useful to distinguish the intentional or unintentional confusion in regards to what is represented as a, any and all possible combinations of understandings regarding natural law and positivism concepts.

In order to give a usable example, the physical structure of stairs or ascending and descending steps is to be used. Upon conception, initiation, development, maintaining, and enactment there is hardly any practical physical ways to side step a, any and all possible combinations of stairs or ascending and descending steps, especially if and when within it as a structure or even faced in order to undertake. The literal physical structure is so logical within existence, making it hardly thought as a incorrect structure until.

Until faced by and off someone anyone which is physically impeaded to use or worst undertaking if and when able to use. In being that such cases are often rare in numbers and thus observation, the illogical part of, remains elusive, physically and literally hidden, until.

Until a larger and larger group of people gather as a continuous standing existence, making as a consequence the formation of very large towns and cities, reaching often into double digit millions in count. At such point the illogical part of one of the most logical physical structures such as stairs and ascending and descending steps, still remains elusive, physically and literally hidden, causing as a consequence a huge problem in regards to social, resources and law applicability meaning humanly normal existence as behaviour, until.

Until a, any and all possible combinations of people as a direct or indirect connection, contact or knowledge off, come up with a much more practical way of mobility especially in regards to anyone who is physically impeaded as a standing natural way of their existence to make use of anything resembling as stairs or ascending and descending steps, without a considerable assistance as a most necessary physical in nature.

At such a point the illogicality of one of the most logical physical structures such as stairs or ascending and descending steps becomes so obvious that it literally requires a physical intervention which was never even considered before, especially if and when people are required to physically assist not only the person but also their mobility means in order to make use of a, any and all possible combinations of stairs or ascending and descending steps, simply based on the numbers a, any and all possible combinations of large areas of population often reaching into double digit millions in number.

This is all possible to achieve, simply by pointing to the physical existence of stairs or any ascending and descending steps, while leaving out completely a, any and all possible combinations of concepts in each regards.

Making a, any and all possible combinations of answers manifest with considerable ease. The intentional or unintentional confusion between natural law and positivism is shown be it a physical structure such as stairs or ascending and descending steps.

The very structure itself once faced with is and becomes the law, one which is hardly possible to side step, making it a natural law, even if and when humanly made, the attachment of a, any and all possible combinations of morals in regards to it's application or existence as physical structure, has no other choice but to apply positive affirmation in regards to it's cause and effect action, making it positivism.

This means natural law means, it, physical existence must be obeyed simply based on it as existing, whereas positivism means, it, must be giving as reason, to be used.

A, any and all possible combinations of legal persons require a constant reason one which is often as a must in order to apply a standing law, derived from and by a, any and all possible combinations of existing tangibly measurable physical structures, making it, not just simply always only a concept, but highly manipulative as a concept.

It might be useful to consider this, not because of a, any and all possible combinations of needs to be against companies or capitalism, in fact is totally the opposite, it might be useful in order to protect capital and a, any and all possible combinations of companies.

Simply based on natural law, one which makes evident the importance of a single person to gather themselves, as desired or wished in complete none opposing existence to natural existence even if and when such is humanly made, making evident the importance of group's gathering themselves as desired or wished while also being in complete none opposing existence to natural law even if and when such is humanly made.

It is important because such evidently obviousitie could be considered the core foundation of what is aimed, known or unknown as democracy.

Such foundation is manifested once a specific act in regards to democracy is initiated, developed, maintained and enacted. Such an act is known as casting a vote, such an act can only be achieved if and when person's or groups of persons are able to gather themselves as desired or wished while being in complete none opposing existence to natural law even if and when such is humanly made.

Although often wrongly thought, people always cast a vote in regards to structures, highly represented as physical in nature, there is hardly any case where people cast a vote in regards to a concept which always remains as such, such as heaven for example. Simply because that vote means nothing, whereas one based on the existence, idea or worryingly often understanding of a, any and all possible combinations of structures, that has a very physical meaning, one noticed as soon as one wakes up or goes to sleep.

© Emir Doçaj

8 March /2024

[IKnowNeonLights]

Part two

In my opinion this is as particularly as it can be, but in order to get into more particulars and specifics, one of the most fundamental rights in regards to groups or individuals if and when gathering, and such a gathering is lawfully recognised as prosecutable or protection through the concept of legal person and not a concept structure such as legal structure, regards to the right of asset locking.

Such a right is extremely important, yet under the legal person concept this right is literally taken away upon a giving, simply based on the fact of a, any and all possible combinations of assets locked in being higher or lesser in value of importance, making such a gathering dependant on a, any and all possible combinations of higher asset locking, one which might even give the right and while supposedly being completely detached from the gathering, can literally devalue or evalue the very asset locking which supposedly gives the independence to a, any and all possible combinations of people as single or groups.

This means that grain which through natural law, even if and when humanly made, can or is turned into nothing, while (and this is important) still existing in a, any and all possible combinations of it's natural form. Making a lot, and this means a lot of companies dependent not only in their existing assets but in a none existing concept which establishes the value of such assets bypassing complete the natural law, thus physical structures.

The value a, any and all possible combinations of assets wether locked or not can increase and decrease in many possible combinations of existing natural law ways which is exactly what a, any and all possible combinations of markets use in order to operate, making grain none existing in terms of value although existing in a physical structure, and it is precisely that which points to the importance of a concept structure such as a legal structure.

If and when a structure has a use, such use is legal in nature, and by being so it has its value protected. This is all possible (taking the example of grain) when there are eight billion people on earth, and a considerable number, are highly discriminated by and off any possible value of grain, be it high or low, yet the value off and by humanitarian or social help in such numbers regard, rarely decaluates, in fact goes the opposite off.

This has no other choice but to force any groups represented as legal person to result to other means and consequently structures in order to protect the very foundation of their functioning, the ability to lock assets in a group in order to make use of a, any and all possible combinations of advantages that brings.

This can and does often turn natural existence value as physical structure into an abstract one, one which is highly manipulative if and when existing only as such, without a firm standing in a legal structure.

Once the first right is taken, being the one where assets are locked in, while supported only by and off a concept which always remains as such, meaning having no tangible natural in standing lawful structure, the other very important right which is equally foundational to the natural existence of a group or individuals ability to gather themselves as desired or wished while also being in complete none opposing existence to natural law even if and when such is humanly made, makes it possible to move it only downhill from there.

This right is known as limited liability, and through such a process this right turns from a right which it is, into a perk which it is not. Simply because the law itself, be such in regards to a very complex democracy or none existing democracy, a, any and all possible combinations of law statues and systems are within itself a limited liability.

Manifested as fines, minimum and maximum sentences, different types of life sentences instead of a death sentence, due process, hearings, judgment, appeal, health and safety, civil, and on and on and on which in principle makes the law a right and not a perk, whereas limited liability in regards to legal person as a concept, makes it a perk in regards to what, how, when and whom the assets are locked in.

Taking a road as an example, a, any and all possible combinations of laws in it's regards are naturally deducted by and off the existence of it as a structure, despite the thought which points law having being invented, as a consequence the road itself produces a, any and all possible combinations of limited liabilities in its regards as being and usage which is a benefit or disadvantage if and when taken or not taken into account.

The protection of the road as a legal structure despite its possible usage, is asset shielding a right under a, any and all possible combinations of law structures as a right and not a perk, which is what should have been applied to art long before it's current application especially if and when a civilisation.

One concept and simultaneously a most tangible physical structure, off and by more or less an exact if not very similar chemical form, is what has put under serious stress what I am attempting to highlight.

The concept is none other than energy and the chemical form is none other than fossilized carbon, known as fossil fuels.

Considering the planet has been within above billions count in regards to human beings for a little while by now, and human beings are a physically biological structure, which not just consumes energy through physically transforming applicable resources to it's biological structure, but uses that very transformation method in the most ingenious ways possible to achieve, enable and produce, a, any and all possible combinations of such applicable resources, which enables it's biological structure to abundantly and safely consume that which is applicable to it's structure.

Then a natural value no matter the system of governance in regards to such a concept and physical structure in a chemical form is a given as a natural law.

This means that it is extremely logical in existence, yet it's illogicalities are often wrongly or rightly pointed as present, so much so that extreme and often in complete opposite to any possible system available, measures to protect or jeopardize its natural value let alone a, any and all possible combinations of market value, is undertaken, always through very physical structures, up to the absurdity of making away with as a resource.

Which means a biological structure into billions measure, needing energy consumption as a must by and off natural default, logically argues to make away with the energy much needed as a must, simply because it regards it as a concept which has physical manifestations, and not a physical structure which is physically tangible in a, any and all possible combinations of chemical forms.

I am making use of this example in order to highlight another one which has supposedly suddenly sprung up, but the suddenly part is only a sequential consequence of many previous examples.

The example I want to highlight is known as digital technology. As a consequence of a concept used in order to represent reality, while simultaneously no attempt or desire is there to fix such a concept to the physical structure of reality, the logical pattern which states, (a very specific and precise form of energy which makes use of a, any and all possible combinations of other energies in order to be as such, and by being as such, a, any and all possible combinations of other energies can and are utilized by and off people throughout the planet is not totally and entirely a tangible physical structure within physical existence) is initiated, developed, maintained, and enacted as logical.

This makes such logic highly manipulative, other than that and including many of its illogical forms, such logic makes all, (and the all part is important) of science, not physical, not real, none existing unless only as a concept with no physical tangible abode and that is highly manipulative, historical proven.

As with the first example of energy in the form of fossil fuels but more in regards to energy in the digital form, both have proven and continue to remain elusive and highly manipulative as a consequence of each default understanding and usage of existence.

Especially now in the present in regards to the digital form, an increasing complexity level of confusion is and has been initiated, developed, maintained and enacted, making a, any and all possible combinations of more likely than not already in existence correct applicable laws highly, with worryingly often extremely difficult to do.

I am not stating in any way possible that applying a, any and all possible combinations of laws to concepts cannot be achieved, as in doing so reality is denied as a happening.

I am stating on the other hand, one only has to slightly or drastically change a logically acceptable structure which a concept having a law applied to relies upon, and simultaneously the law applying to such a concept is bypassed at a profitable margin level, often getting sniffed at as happening and becoming a persistent bypass, triggering a law review or market constriction even regulation, ending often as a higher damage to a, any and all possible combinations of markets if and when combined periodically, constant in occurrence and as a much larger market combinatory global system, than the actual bypass itself.



© Emir Doçaj
March 8
2024

[IKnowNeonLights]

Part three

All this of which I have given an explanation is easier said than done, fortunately the easier said part, together with than easier done part, already exist as part of private records and public records, off and by some of the most influential and powerful countries including companies. This means it should be these very important structures as a consequence of being already within possession of the corresponding data, the know how, experience and the resources which can and should take such a metamorphosis, not transformation or drastic change, but a logical metamorphosis, beneficial to the structure undergoing it, and the structure it operates within, hopefully leading to a better functioning reality and as consequence outcome of reality in regards to both types of structures within a all encompassing larger democracy structure.

The word structure instead of the word person has this advantage, and this advantage is closely with and within reality of being, this fact makes the word be a concept and a physically tangible thing simultaneously without any serious contradictions or paradoxes.

A large enough structure one which is simultaneously complex and intricate can only be taken as a whole reality through the means of a concept, simply because it is hard to access it as a whole tangible thing.

A city is such a structure, a country is such a structure, a continent, an Ocean, or a planet, even a whole specific biological system is such a structure, this follows that a company is and can be considered a structure, a legal structure which upon legal requirements of contact a, any and all possible combinations of it's equally physical legal sub structures can be accessed and much easier definable in a, any and all possible combinations of regards.

More importantly all of its structure as substructures can and should easily be of a physical in nature, even if and when involving the fastest possible digital energy interchange or information transaction, including it's quantum computing abilities, algorithms, neural networks, or the supposed learning abilities.

In being the word is a concept and a structure simultaneously without any serious contradictions or paradoxes, it gives an enormous advantage in granting access to the correct legal now how, and restricting access to the incorrect legal now how, maintaining a strong functioning state and a market freedom advantage.

This nonetheless already exists and arguably effectively or ineffectively, although it does not exist under the team structure and concept, it exists only under the individual concept simply because what the wording and the legal defenition off and by (person) allows. Making independent shielding or correct control highly manipulative and a resourceful waste.

It means a, any and all possible combinations of players can only function at their benefit or referied individually, making laws, rules and regulations take a lot of unnecessary strain, which makes such functions brake or become irrelevant.

Through the legal structure representation a simultaneous shielded market freedom operating, and a equally simultaneous refering can be achieved, similar to having a pitch where different games and teams made of different players are active and inactive simultaneously and according to the pitch level and game level, yet in all being real, and reality, a highly general all the way to a very specific physical structure, a legal structure, applies in regards to shielding and control.

This would enable to keep the pitch always active, a, any and all possible combinations of the games being played uniterrpted, a, any and all possible combinations of players unaffected in regards to being active or not, and the refering uniterrpted simultaneously, simply because a structure is real even if and when only conceived as such by being extremely big through it's very real defenition in the form of a concept, such a planet earth.

I believe it to be important and it might be useful to consider it important because it bypasses a very unnecessary confusion, a confusion which arises form stating a, any and all possible combinations of something's as a concept only, meaning the implications of a, any and all possible combinations of something's, are considered as a given, so complex and intricate, even if and when not enormous in physical size in order to be observed as such in their totality (earth for example) giving it a supposed right to be considered only as a concept in order to establish it as being within existence.

Such a method is very useful to think about the universe, God, the spirit, ultimate consciousness, the after life, imaginary if and buts etc etc.. But if and when considering tangible physical existence, a concept has to take a structure, not given one, but take that which is naturally it's logical structure, not even its hypothetical, probabilistic, or predictable structure, be such a hypothetical, probabilistic, or predictable a very logical one.

A state, a country, a city, all the way to a human being has such structure present and constant no matter how it is understood or started as being, if the present is forced to argue it's existence against none presence it's already at a loss, it means the none presence can and will always dictate the correspondence in a, any and all possible combinations off and by regards.

© Emir Doçaj

March 15 / 2024