The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...

The efficiency of common law rules is central to achieving efficient resource allocation in a market economy. While many theories suggest reasons why judge-made law should tend toward efficient rules, the question whether the common law actually does converge in commercial areas has remained...

Against the backdrop of contemporary climate change lawsuits, this article presents preliminary research findings regarding a remarkable and underappreciated moment in the common law pre-history of modern environmental, health, and safety regulation. The findings complicate the conventional...

La version française de cet article peut être consultée à: "http://ssrn.com/abstract=3349436" http://ssrn.com/abstract=3349436. This study aims to set out the principles governing the concept of injury in the context of extra-contractual liability resulting from one's personal acts under...

Although American common law allows punitive damages for reckless or intentional torts, it will neither allow a jury to assess punitive damages for breach of contract nor permit enforcement of a contractual damages clause that is deemed to be punitive. This approach is rooted in an early...

The technology associated with artificial intelligence is developing rapidly. As a consequence, artificial intelligence is being applied in many spheres of life and increasingly affects the functioning of society. Actions of artificial intelligence may cause harm (e.g. in the case of autonomous...