Assessment of Compensation. The value of the Goods shall be determined according to the current commodity exchange price or, if there is not such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to the normal value of the Goods of the same kind and quality.
Assessment of Compensation. 4.1 The amount of compensation paid should be appropriate to the nature, severity and persistence of the injury and should in general terms be consistent with the quantum of damages commonly awarded for similar injuries by an English Court in cases where legal liability is admitted.
4.2 Compensation may be abated, or in certain circumstances excluded, in the light of the following factors (on which will depend the level of risk the patient can reasonably be expected to accept):
4.2.1 the seriousness of the disease being treated, the degree of probability that adverse events will occur and their seriousness, any warnings and precautions given; or
4.2.2 the risk and benefits of established treatments relative to those known or suspected of the medical device. This reflects the fact that flexibility is required given the particular patient’s circumstances. As an extreme example, there may be a patient suffering from a serious or life-threatening disease who is warned of a certain defined risk of an adverse event. Participation in the investigation is then based on an expectation that the risk/benefit ratio associated with participation may be better than that associated with alternative treatment. It is, therefore reasonable that the patient accepts the high risk and should not expect compensation for the occurrence of the adverse incident of which he or she was told.
4.3 In any case where the company concedes that a payment should be made to a patient but there exists a difference of opinion between company and patient as to the appropriate level of compensation, it is recommended that the company agrees to seek at its own cost (and make available to the patient) the opinion of a mutually acceptable independent expert, and that his opinion should be given substantial weight by the company in reaching its decision on the appropriate payment to be made.
Assessment of Compensation. The amount of compensation paid should be appropriate to the nature, severity and persistence of the injury and should in general terms be consistent with the quantum of damages commonly awarded for similar injuries by an English Court in cases where legal liability is admitted. Compensation may be abated, or in certain circumstances excluded, in the light of the following factors (on which will depend the level of risk the patient can reasonably be expected to accept): the seriousness of the disease being treated, the degree of probability that adverse reactions will occur and any warnings given; the risks and benefits of established treatments relative to those known or suspected of the trial medicine. This reflects the fact that flexibility is required given the particular patient’s circumstances. As an extreme example, there may be a patient suffering from a serious or life-threatening disease who is warned of a certain defined risk of adverse reaction. Participation in the trial is then based on an expectation that the benefit/risk ratio associated with participation may be better than that associated with alternative treatment. It is, therefore, reasonable that the patient accepts the high risk and should not expect compensation for the occurrence of the adverse reaction of which he or she was told. In any case where the company concedes that a payment should be made to a patient but there exists a difference of opinion between company and patient as to the appropriate level of compensation, it is recommended that the company agrees to seek at its own cost (and make available to the patient) the opinion of a mutually acceptable independent expert, and that his opinion should be given substantial weight by the company in reaching its decision on the appropriate payment to be made.
Assessment of Compensation. 4.1 The amount of compensation paid should be appropriate to the nature, severity and persistence of the injury and should in general terms be consistent with the quantum of damages commonly awarded for similar injuries by an English Court in cases where legal liability is admitted.
4.2 Compensation may be abated, when certain circumstances excluded, in the light of the following factors (on which will depend the level of risk the patient can reasonably be expected to accept):
4.2.1 the seriousness of the disease being treated, the degree of probability that adverse reactions will occur and any warnings given; or
4.2.2 the risks and benefits of established treatments relative to those known or suspected of the trial medicine.
4.3 In any case where the company concedes that a payment should be made to a patient but there exists the difference of opinion between company and patient as to the appropriate level of compensation, it is recommended that the company agrees to seek at its own costs (and make available to the patient) the opinion of a mutually acceptable independent expert, and that his opinion should be given substantial weight by the company in reaching its decision on the appropriate payment to be made.
Assessment of Compensation. 4.1 The amount of compensation paid should be appropriate to the nature, severity and persistence of the injury and should in general terms be consistent with the quantum of damages commonly awarded for similar injuries by an English Court 1 Guidelines for medical experiments in non-patient human volunteers, ABPI March 1988, as amended May 1990. in cases where legal liability is admitted.
4.2 Compensation may be abated, when certain circumstances excluded, in the light of the following factors (on which will depend the level of risk the patient can reasonably be expected to accept):
4.2.1 the seriousness of the disease being treated, the degree of probability that adverse reactions will occur and any warnings given; or
4.2.2 the risks and benefits of established treatments relative to those known or suspected of the trial medicine.
4.3 In any case where the company concedes that a payment should be made to a patient but there exists the difference of opinion between company and patient as to the appropriate level of compensation, it is recommended that the company agrees to seek at its own costs (and make available to the patient) the opinion of a mutually acceptable independent expert, and that his opinion should be given substantial weight by the company in reaching its decision on the appropriate payment to be made.
Assessment of Compensation. The amount of compensation paid should be appropriate to the nature, severity and persistence of the injury and should in general terms be consistent with the quantum of damages commonly awarded for similar injuries by an English Court in cases where legal liability is admitted.
Assessment of Compensation. The Claims Process is intended to be expeditious, cost effective, "user-friendly", and to minimize the burden on Class Members. The Claims Administrator shall, in the absence of reasonable grounds to the contrary, assume a Claimant to be acting honestly and in good faith.
Assessment of Compensation. The value of the Goods shall be determined according to the current commodity exchange price or, if there is not such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to the normal value of the Goods of the same kind and quality. they are handed over to him, such handing over is prima facie evidence of the delivery of the Goods in good order and condition. Where such loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within 6 consecutive days after the day when the Goods were handed over to the person entitled to receive them.
Assessment of Compensation. 1. The amount of compensation is assessed according to retail prices for the items of the same or similar type and kind on the day of the damage occurrence, reduced by the degree of the tear and wear of the items which were affected by the damage, and by the remains which may be intended for further use or sale, or according to the costs of repair.
2. The amount of compensation for the repair of damaged items is assessed according to average prices binding in the service points or on the basis of bills. The Insured is obliged to report the event to COMPENSA and submit of the above-mentioned bills not later than within 3 months from the day of the event occurrence. In case of an intentional violation or gross negligence of the obligation to report the event on time referred to in above, COMPENSA may reduce the compensation respectively if the violation contributed to the increase of the damage or prevented COMPENSA from the determination of the circumstances and consequences of the event. The consequences of the failure to report the event to COMPENSA shall not take place of COMPENSA, within the term specified to make the said reporting, received the information on the circumstances which should have been given to it.
3. The amount of compensation cannot exceed the factual value of the item as of the day of the damage.
4. If the Insured receives a compensation from a third person obliged to repair the damage, COMPENSA shall off-set the received amount from the compensation due.
5. The amount of compensation shall be reduced by the value of the remains which may be intended for further use, modification or repair.
6. While assessing the amount of compensation, the following items are not taken into consideration:
1) the collection, scientific, historical, numismatic value and personal likings;
2) costs resulting from the lack of replacement parts or other materials necessary to restore the existing state from before the damage occurrence.
7. If, after the compensation payment, the Insured got back the lost items, COMPENSA may demand the Insured to return the compensation paid for the said items or transfer the rights for the said items into COMPENSA.
Assessment of Compensation. The value of the Goods shall be determined according to the current commodity exchange price or, if there is not such price, according to the current market price or, if there is no commodity exchange price or current market price, by reference to the normal value of the Goods of the same kind and quality. or damage to the Goods in an amount exceeding the equivalent of 2 SDR per kilogram of gross weight of the Goods lost or damaged unless a larger amount is recovered from a person for whom the Freight Forwarder is responsible. If the Goods have not been delivered within ninety consecutive days after the date when the Goods ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.
