Showing 211 - 220 of 637,459
Persistent link: https://www.econbiz.de/10001136292
Persistent link: https://www.econbiz.de/10001136313
Persistent link: https://www.econbiz.de/10001141047
Persistent link: https://www.econbiz.de/10001118034
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
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
This article about causation in negligence law is different from past attempts at unraveling causation in Canada. It argues that there is nothing overly confusing about the law of causation in negligence. Rather than lament the confusing state of affairs or argue for a new causation test, the...
Persistent link: https://www.econbiz.de/10013134468
We presently lack a good theory for when we should permit parties to litigate using a pseudonym, and American and …
Persistent link: https://www.econbiz.de/10013138194
liability conditions", this Article calls for a diminishment of their role in determining liability in torts. It is argued that … liability. This is valid even when the risks that materialized are usual, or background, risks that in themselves would not … justify the enactment of the statute. The Article also shows that many court decisions that applied the limiting liability …
Persistent link: https://www.econbiz.de/10013116919
entitlement that must be accounted for by any normative theory seeking to adequately explain tort liability, a condition that is … with the remedial structures entailed by property and liability rules. Contrary to the claim made by some scholars, I argue … that the negligence entitlement is not fully constituted by property rules, liability rules, or any combination thereof …
Persistent link: https://www.econbiz.de/10013122537