Showing 1 - 10 of 17,371
Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a … general trend toward a clear division of labour between regulation and liability: when both are jointly used, liability …. An unexpected effect of liability is observed: judges are more severe with the most regulated firms and public agents …
Persistent link: https://www.econbiz.de/10010857519
uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well … civil liability rule, it is therefore advocated that a regulatory system be implemented combined with a public insurance … scheme, or, alternatively, to go for a mix of regulation and civil liability. Such a mix of regulation and civil liability …
Persistent link: https://www.econbiz.de/10010857524
This paper elaborates on a basic model of mass tort litigation, highlighting the existence of positive informational externalities afforded by the discovery process (as a general technology of production of evidences) in order to study when a class action is formed, or when a sequence of...
Persistent link: https://www.econbiz.de/10008587826
The aim of this paper is to investigate whether the She oil company, through investment and crude oil exploration, benefits socio-economic growth in Nigeria in general and in the Niger Delta of Nigeria in particular. In 1998, the United Nations Special Rapporteur's report on Nigeria accused...
Persistent link: https://www.econbiz.de/10008835337
When several plaintiffs file individually a lawsuit against the same tortfeasor, the resolution of the various cases through repeated trials produces positive informational externalities, which benefit to the later plaintiffs (since there exist precedents, jurisprudence...). Thus, the first...
Persistent link: https://www.econbiz.de/10005835968
Conventional tort law does not allow victims of exposure to a toxic substance to seek compensation until they develop actual symptoms of illness. This may effectively bar recovery because at the time the illness arises, injurers may be judgment proof. One possible response is to allow a tort for...
Persistent link: https://www.econbiz.de/10005746069
Exxon Shipping Co. v. Baker acknowledged that empirical studies undercut criticism of punitive damages. Paradoxically, the Court simultaneously expressed concern about jury predictability based on a high and variable punitive-compensatory ratio published in an article by the present authors. The...
Persistent link: https://www.econbiz.de/10010625801
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10008765896
of five primary fields of law: property law; liability for accidents; contract law; litigation; and public enforcement …
Persistent link: https://www.econbiz.de/10009141792
This paper looks at the limitations of quantitative models for evaluating risks in the liability insurance business … whether liability insurance premiums in the U.S. market have grown at a much higher rate than, say, property insurance … percentage since the 1960s. The reason that many commentators believe that liability insurance premiums have increased …
Persistent link: https://www.econbiz.de/10010991078