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The Information-Forcing Dilemma in Damages Law
Chiang, Tun-Jen - 2018
Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...
Persistent link: https://www.econbiz.de/10012935655
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The Liability of the Public Administration Arising from Custody in the Italian Legal System : A Law & Economics Perspective
Baffi, Enrico - 2016
In this paper, we seek to demonstrate that, in the case of the public administration's liability for the property in … its custody, the rule of strict liability which seems to be accepted by the Italian Civil Code can be justified in terms … of efficiency only if we are trying to allocate risks in an optimal manner. The strict liability of the public …
Persistent link: https://www.econbiz.de/10012988965
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How to Integrate Administrative Law and Tort Law : The Regulation of Stem Cell Products
Munzer, Stephen R. - 2013
”) that corresponds to a specialized product liability scheme. It shows how product liability and administrative law can be … offers a way to improve them. It then builds on a scheme, articulated and defended elsewhere, for handling legal liability … products is intimately connected to the best legal regime for stem cell product liability. Although there are not yet many stem …
Persistent link: https://www.econbiz.de/10014162099
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Remedies in Animal-Related Litigation
Schaffner, Joan E. - 2013
This chapter discusses the challenges of determining appropriate remedies in cases involving animals with a focus on companion animals. Damages fall into one of two categories: substitutionary relief, which is based on the value of loss of the animal, and specific relief, which “seeks to...
Persistent link: https://www.econbiz.de/10013083780
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Rights-Threats, Wrongs and Injustices : The Common Law’s Causes of Action
Smith, Stephen - 2018
On what grounds are private law remedies awarded? This question has received surprisingly little attention from legal scholars. Although the circumstances in which particular kinds of remedies are awarded have been discussed in detail, there have been few attempts to draw general principles from...
Persistent link: https://www.econbiz.de/10012930655
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Law and Economics
Kelly, Daniel B. - 2021
Law and economics has had a significant impact on foundational private law subjects — property, contracts, and torts — as well as advanced private law areas. This chapter analyzes how law and economics influences private law and how New Private Law (NPL) is influencing law and...
Persistent link: https://www.econbiz.de/10013245034
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Economic Analysis of Law
Kaplow, Louis; Shavell, Steven - 2000
three central areas of civil law - liability for accidents (tort law), property law, and contracts - as well as the …
Persistent link: https://www.econbiz.de/10014200811
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Law and Economics - And Why New Zealand Needs it
Richardson, Ivor - 2015
The so-called Chicago School of law and economics, which emerged in the late 1970s, was regarded by many lawyers with considerable suspicion. Much of this suspicion was due to the artificial and unrealistic nature of the assumptions about human motivation that underpinned that School’s...
Persistent link: https://www.econbiz.de/10014165163
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Legal damages for losses of chances
Schweizer, Urs - 2008
This paper deals with legal damages if losses of chances are at stake. In response to disparate ad hoc rules that have emerged from legal practice in Europe, the present paper proposes a unifying principle to handle such cases. Quite generally, the purpose of a damages award is to compensate the...
Persistent link: https://www.econbiz.de/10010343921
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Legal damages at uncertain causation
Schweizer, Urs - 2006
The legal notion of damages requires to compare the actual value of the creditor's assets with the hypothetical value that would have prevailed if the debtor had met his obligation. Moreover, values and causation may be uncertain. If nature's contribution is modelled as a random move then the...
Persistent link: https://www.econbiz.de/10010343941