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This paper assesses the widely held belief that damages for pain and suffering are random or arbitrary. We empirically analyze the differential impact of a plaintiff's personal characteristics, pain-specific circumstances and a lawsuit's procedural features on such payments. Relying on a dataset...
Persistent link: https://www.econbiz.de/10010532504
This paper provides a framework to evaluate human life based on civil court decisions on damages for pain and suffering. Using judgements from Germany and Austria over the last 25 years, we calculate an average Value of Damages for Pain and Suffering (VDPS) of about EUR 1.79 millions, with a...
Persistent link: https://www.econbiz.de/10009731775
strict liability rule for railway accidents by the Prussian Railway Law in 1838. This was a complete break with the whole … in the present-day broad diffusion of the liability rule in the German tort law. …
Persistent link: https://www.econbiz.de/10011540355
liability, i.e. scope of protection, duty of care, breach of duty, regulatory compliance defense, are examined. Another …
Persistent link: https://www.econbiz.de/10013238344
engine that made defamatory suggestions about the claimant. It compares rulings from other jurisdictions on the liability of …
Persistent link: https://www.econbiz.de/10012998024
energy. An important component of such a framework is a nuclear liability regime. In this article, the Chinese compensation … and its existing nuclear energy regulatory framework. Part III discusses the legislative framework for liability and the … effectiveness of two government documents. Part IV discusses in more details the rules regarding nuclear liability in China. Part V …
Persistent link: https://www.econbiz.de/10014155112
liability principles for online intermediaries, in particular the concept of "Störerhaftung", recent case law regarding the … liability of network operators for unlawful acts by network users is examined. Against this background it is discussed whether …
Persistent link: https://www.econbiz.de/10014129637
In a tort law regime established on the basis of corrective justice considerations, causation requirements will tend to play a predominant role in regulating the damages claims brought forward. The requirement of the causal link between the harm suffered and the anticompetitive conduct in...
Persistent link: https://www.econbiz.de/10014138101
Persistent link: https://www.econbiz.de/10000724582