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La restitution en droit civil est à la fois commune et incomprise. Les occasions de l'appliquer sont nombreuses, mais les juges peinent souvent à en suivre méthodiquement les règles. Cet ouvrage est le premier en droit québécois à approfondir le thème de la restitution des prestations, concept émergent en droit des obligations. Geste simple en apparence, le fait de "rendre ce qui a été reçu" soulève en réalité des difficultés importantes liées notamment au passage du temps. L'anéantissement du contrat, la réception de l'indu et l'impossibilité d'exécuter une obligation en raison d'un événement de force majeure ne sont que quelques-uns des cas visés. Cet ouvrage rend compte des fondements et du régime de la restitution en droit québécois. Il explique les dispositions du Code civil du Québec et en éclaire l'application. -- Résumé de l'éditeur
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Canadian law sometimes allows gain-based remedies for certain wrongful acts. There is a strong suggestion that gain-based remedies are available in the common law provinces for torts and perhaps breaches of contract, but the courts have been hesitant. Common law provinces have also been willing to award gain-based remedies for breaches of confidence, in the court’s discretion. In the context of infringements of intellectual property rights, which is federal law, the legislation makes clear that gain-based remedies are available, although again this is in the discretion of the court. In both common law and Quebec civil law, in situations where one person is managing the property or affairs of another in a fiduciary capacity, improper gains must be surrendered, although it is arguable that the law ascribes rights acquired by the manager to the principal as the correct legal implementation of the parties’ relationship, rather than as a remedy for wrongdoing.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Child sexual abuse (CSA) often leads to negative outcomes for victims, frequently over the long term. From recent qualitative research and supportive work with survivors there is reason to believe that image and/or online elements to sexual abuse add complexity and challenge to their recovery. This chapter attempts to pull together a picture of the negative impact of online sexual abuse drawing on all of these sources of knowledge. This includes exploration of why online and/or image elements in sexual abuse may worsen or complicate impact; why some children may be more negatively affected than others; how impact may change over time; where critical points of vulnerability may lie; and how emotions, meanings and experiences around online sexual abuse may play into subsequent difficulties. The chapter concludes by drawing out implications for work with children and families and suggesting directions for further research.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Transcripts of chat logs of naturally occurring, sexually exploitative interactions between offenders and victims that took place via Internet communication platforms were analyzed. The aim of the study was to examine the modus operandi of offenders in such interactions, with particular focus on the specific strategies they use to engage victims, including discursive tactics. We also aimed to ascertain offenders’ underlying motivation and function of engagement in online interactions with children. Five cases, comprising 29 transcripts, were analyzed using qualitative thematic analysis with a discursive focus. In addition to this, police reports were reviewed for descriptive and case-specific information. Offenders were men aged between 27 and 52 years (M = 33.6, SD = 5.6), and the number of children they communicated with ranged from one to 12 (M = 4.6, SD = 4.5). Victims were aged between 11 and 15 (M = 13.00, SD = 1.2), and were both female and male. Three offenders committed online sexual offenses, and two offenders committed contact sexual offenses in addition to online sexual offenses. The analysis of transcripts revealed that interactions between offenders and victims were of a highly sexual nature, and that offenders used a range of manipulative strategies to engage victims and achieve their compliance. It appeared that offenders engaged in such interactions for the purpose of sexual arousal and gratification, as well as fantasy fulfillment.
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