Aboriginal oral testimony,hearsay rule and the reception theory of admissibility

Aboriginal peoples title claims are presumed upon spatial and time connections to the lands of their ancestors. In making their submissions, litigants have to circumvent the rule against hearsay and rely upon oral narratives to substantiate their claims of customary ties to land. The obstacles they face is that evidence based on informal anecdotes can cause problems in common law courts, which have long been dependent on textual evidence for probative value. In many Native cultures the idea of time is cyclical, while in the Judeo-Christian calendar time is linear. There is also the fact that oral narratives cannot be viewed in the abstract and the histories are closely linked to inter-generational continuity. The perspective of a narrator is relevant as the sources are often repositories of observation, knowledge and personal belief rather than clear factual understanding of the issue involved. This paper argues for the receptive theory of oral evidence to be adopted in common law courts, which would lead to a fair hearing of Aboriginal claims to land title in Australian and Canadian courts. The paper will distinguish the courts’ current approach to oral testimony submitted by aboriginal people and raise the possibility of an integrated approach based on the recourse to ‘episteme’, which is the appreciation derived from synthesis that accepts that several methodologies may exist and interact at the same time by being parts of various knowledge systems.     

Employer Liability,Risk Assessment,and Fault Principle

The UK Enterprise and Regulatory Reform Act 2013 (ERRA), section 69 has ensured that claims can only succeed on the civil burden of proof (balance of probabilities) that the employer has been negligent. The act also impacts on environmental liability and its “green purposes” are set out in chapter 24, part 1, which compel the employer to take measures in accordance with the Kyoto Protocol and encourage biodiversity. The broader framework of tort liability in this area of employer/employee relationship needs exploration to determine if such a policy-based approach is likely to make much difference given the tendency of courts to regard a breach of a worker-protective statute as evidence of fault. It is an important question for industry in common law jurisdictions because employers are likely to estimate their liabilities based on cost/benefit ratio in the work-place and invest in a safer premises under a fault-based system.     

Factors influencing individuals' intention to adopt mobile banking in China and Pakistan: The moderating role of cultural values

Rapid development of smartphone technologies in Asian countries has increased the demand of mobile banking in financial services and mobile commerce. Current research is conducted for mobile banking adoption in China and Pakistan. The social influence was added with technology acceptance model to investigate the direct effect on individuals' intention. Moderating role of cultural values was explored in the proposed model. Empirical study was performed for the data received from both countries to examine the developed model. Multiple and hierarchical regression analyses (IBM SPSS software) were carried out to test the proposed hypotheses. We have observed that perceived usefulness, social influence, and perceived ease of use are significant predictors of individuals' intentions to adopt m‐banking in Pakistan, whereas the perceived usefulness is an important predictor in China. The moderating role of cultural values was observed as dampening factor in positive relationship between social influence and individuals' intentions.